The Supreme Court on Tuesday directed all states to release students below 18 years of age and those without criminal antecedents arrested or detained during the nationwide protests over the NEET-UG 2026 paper leak. It also directed that no coercive action be taken against students for the time being, while allowing investigations in the FIRs to continue.
A Bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana passed the directions while hearing petitions alleging excessive police force during protests held in Delhi and several other States.
“All states are directed to release children below the age of 18 who have been arrested or detained during the student protests and who do not have any criminal antecedents,” the Court said.
The Court further directed that all arrested persons without criminal antecedents be released and ordered preservation of CCTV footage, drone footage, body-camera recordings, wireless communications and all other digital evidence related to the protests. It also directed authorities not to make such material public until further orders.
During the hearing, Advocate Prashant Bhushan referred to a plea by protest volunteer Junaid Malik alleging assault by police. The Court, however, said it was not examining individual facts at this stage but acknowledged that the allegations warranted a fair probe.
“If we start looking at individual facts… the most conservative language we can use is that there is, prima facie, a case of violence involved. That is why we are hearing these matters,” the CJI observed.
The Court also noted allegations from Bihar that AK-47s were allegedly used against peaceful protesters.
Appearing for the Centre and the Delhi government, Solicitor General Tushar Mehta said the Union had no objection to an independent probe but urged the Court to also examine attacks on police personnel.
“One set of petitioners says the police used brutal force against them. If that is the case, they must be punished. Appropriate action must be taken. There is one truth, another truth and then there is the truth,” the Solicitor General submitted.
He further said: “There were hardened criminals, miscreants and uninvited guests who entered the protest sites and used violence against police personnel. We do not think students would attack the police.”
Responding, the CJI said: “For police victims also, the issue needs to be addressed. These attacks on police officials — were they committed by students or by somebody else?”
The SGI replied that State authorities believed the violence against police was committed by miscreants and not students.
After hearing the parties, the Court observed: “The allegations made by the petitioners, at this stage, make out a case for an independent and impartial probe. Such a probe will invariably also probe the allegations of violence and attacks on police personnel.”
Before ordering such a probe, the Court granted time to the Centre, the NCT of Delhi and the concerned States to file their responses. Notices were issued to the Chief Secretaries of Maharashtra, Bihar, Kerala, West Bengal, Uttar Pradesh and other concerned States.
The matter will be heard further after their responses are filed.
(ANI)
