The Supreme Court on Monday said there was no need for separate suo motu proceedings into allegations of sexual assault against women protesters during the July 20 student protests in Delhi, noting that the issue is already part of the mandate of a five-member inquiry committee headed by former Supreme Court judge R Subhash Reddy.
A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana said the high-powered enquiry committee (HPEC), constituted last week, had been specifically asked to examine allegations involving women protesters on priority.
SC says issue already before inquiry panel
The clarification came after senior advocate Shobha Gupta urged the bench to take suo motu cognisance of allegations that women protesters were molested and sexually assaulted by police personnel during the July 20 demonstrations.
Gupta sought a separate mechanism to investigate the complaints and also raised concerns about how women protesters could approach the committee.
The bench referred to its August 18 order constituting the HPEC, saying allegations of targeted violence, harassment, molestation and secondary victimisation of women protesters had already been entrusted to the panel.
The CJI said the committee had been directed to examine these complaints on priority and submit an interim report at the earliest.
Committee to decide complaint mechanism
The court said the committee chairperson had been empowered to appoint nodal officers, after which the process for submitting complaints would be notified.
The HPEC has been tasked with conducting an independent and impartial inquiry into competing allegations arising from the July 20 student protest. These include claims of excessive police force as well as allegations of violence against police personnel and questions over the legality of the protest.
Its other members are Justice (retired) Ravi Shankar Jha, Justice (retired) Shalinder Kaur, former CBI director Rishi Kumar Shukla and retired Meghalaya DGP LR Bishnoi.
Panel to examine wider allegations
The committee's mandate includes examining the use of pellet guns, electric batons, lathis and tear gas, along with whether police action was proportionate.
It will also look into blanket prohibitory orders, surveillance of protesters and the invocation of Section 152 of the Bharatiya Nyaya Sanhita.
The panel has additionally been asked to examine allegations of violence by protesters, damage to public property and injuries suffered by security personnel.
For complaints involving women protesters, the committee will examine targeted violence and assess medical and other support provided to victims, along with the possibility of interim compensation.
Evidence to be preserved
The Supreme Court has directed authorities to preserve CCTV and drone footage, body-worn camera recordings, videography, wireless communication records and PCR call logs linked to the protests and provide them to the committee.
The HPEC can receive documentary evidence and representations from affected persons. It can also allow anonymous complaints to protect complainants and witnesses.
The committee's first interim report is expected to cover allegations of grievous injuries caused by police and security personnel, along with complaints of targeted violence, harassment and molestation of women protesters.