The Supreme Court has constituted a five-member High-Powered Enquiry Committee (HPEC) to independently examine allegations of excessive and disproportionate use of force by police, paramilitary forces and other security personnel against protestors during demonstrations at Jantar Mantar, New Delhi, and other parts of the country.
A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi and Justice V Mohana constituted the committee while dealing with a batch of petitions raising concerns over police action against protestors, including students.
The HPEC will be chaired by former Supreme Court judge Justice R. Subhash Reddy. Its other members are former Chief Justice of the Punjab and Haryana High Court Justice Ravi Shankar Jha, former Delhi High Court judge Justice Shalinder Kaur, former CBI Director Rishi Kumar Shukla and retired Meghalaya Director General of Police Dr L.R. Bishnoi.
The Court said the allegations made by the petitioners, coupled with the submissions of the authorities, made out a prima facie case for an independent and impartial inquiry.
The allegations before the Court include the use of pellet guns, electric batons, indiscriminate lathi charges and tear gas against protestors. Petitioners have also alleged violence by police personnel in plain clothes, threats to plant incriminating material, surveillance of protestors and violence, harassment and molestation of women and children.
The authorities, however, have alleged that certain persons with criminal antecedents had participated in the protests while posing as aggrieved students and indulged in violence, resulting in clashes in which police personnel were also injured.
The HPEC has been tasked with examining whether the force used by police and security agencies was excessive or disproportionate and whether proper procedures were followed during crowd-control operations.
It will also examine the desirability of banning metallic kinetic projectiles or pellets for crowd control, the requirement that police personnel wear uniforms and visible nameplates during arrests or use of force, and allegations of surveillance of protestors and possible violations of privacy and the right to peaceful assembly.
The committee will specifically examine allegations of targeted violence, harassment, molestation and secondary victimisation of female protestors. It will also assess the medical assistance and compensation provided to persons allegedly injured during the protests.
The HPEC will further consider whether prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 are being used routinely or pre-emptively in a manner that restricts peaceful assembly. It will examine concerns regarding the use of Section 152 of the Bharatiya Nyaya Sanhita, 2023 against political dissent and peaceful protests.
At the same time, the Court directed the committee to examine the grievances raised by the authorities, including allegations that protestors used force against police personnel, damage caused to public and private property, and injuries and psychological trauma suffered by police personnel and their families.
The HPEC has been empowered to seek assistance from forensic, technical and other domain experts wherever necessary.
The Court directed the committee to give priority to allegations concerning targeted violence, harassment and molestation of female protestors. It also asked the HPEC to examine the alleged grievous injuries caused to protestors, including the chain of command and the officers responsible for any excessive use of force.
The committee may also examine the possibility of interim compensation for injured protestors and police personnel. The Court clarified that the broader constitutional questions arising from the case would be examined separately by the Bench after hearing the parties in detail.
The parties have been permitted to submit documents, evidence and suggestions before the HPEC. Complaints and representations may also be submitted anonymously to protect the identities of complainants and witnesses.
The Court directed police authorities, paramilitary forces and investigating agencies to preserve all CCTV footage, drone footage, body-worn camera recordings, other videography, wireless communication records and PCR call logs relating to the protests and furnish the material to the HPEC.
The constitution of the committee, the Court clarified, would not prevent police authorities from taking administrative or disciplinary action against officers found to have violated applicable rules.
The Court has asked the HPEC to submit its first interim report at the earliest on the issues concerning alleged excessive force against protestors and violence or harassment of female protestors.
The matter will next be taken up on September 10, 2026.
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