SC says states free to withdraw student FIRs over CJP protest, explains caveat of criminal past

India's Supreme Court has clarified its previous order concerning the withdrawal of First Information Reports (FIRs) filed against students who participated in the Cockroach Janta Party protest at Jantar Mantar. The court reiterated that states are free to withdraw such cases in accordance with the law.

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The NCT of Delhi or any other State shall be at liberty to close or withdraw any such criminal case, in accordance with law. 'Criminal antecedents' used in paragraph 8(5) would mean grave and heinous offences.

However, the apex court specified the interpretation of "criminal antecedents," a key condition in its July 28 order. Previously, the term was broadly applied, leading to concerns about its potential misuse. The court has now narrowed its scope, stating that "criminal antecedents" will only refer to grave and heinous offenses.

This clarification came after senior advocates argued that the broad interpretation of "criminal antecedents" was causing unnecessary arrests and hindering the withdrawal of cases. Solicitor General of India Tushar Mehta assured the court that peaceful protesters, unless they have committed serious crimes, would not face legal repercussions.

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Those who are protesting in a legally permissible way... except those who have criminal antecedents, everything can be taken care of.

Following the court's directive, CJP spokesperson Saurav Das urged the government and state authorities to honor their previous assurances. He emphasized that the Supreme Court's clarification removes ambiguity and expects swift action to withdraw FIRs against students who were not involved in serious criminal activities. The CJP pledged to continue monitoring the situation and supporting protesters.

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Now that the Supreme Court has removed confusions, we expect the Government of India and all BJP/NDA-ruled states to immediately honour the assurances given on 25 July to the young of this country.