A public interest litigation has been moved in the Supreme Court seeking reconstitution of the high-powered enquiry committee examining alleged police excesses and related violence during the July 20 student march towards Parliament. The application, filed by advocate Shailendra Mani Tripathi, proposes that a former Chief Justice of India head the panel instead of the currently appointed retired Supreme Court judge.
The five-member committee was set up by the apex court on August 18. It is led by former Supreme Court judge Justice R. Subhash Reddy and includes former Punjab and Haryana High Court Chief Justice Ravi Shankar Jha, former Delhi High Court judge Justice Shalinder Kaur, former CBI Director Rishi Kumar Shukla, and retired Meghalaya DGP L.R. Bishnoi. The panel is tasked with examining claims of excessive force used against protesters from the Cockroach Janata Party (CJP)-led demonstration at Jantar Mantar, as well as counter-allegations of injuries to police personnel and damage to property.
In the application, Tripathi argued that information available in the public domain points to long-standing associations between certain panel members and executive authorities of the Union government, including the Union Home Minister. This, he submitted, creates a reasonable apprehension of institutional deference that could affect the independence and impartiality of the inquiry directed by the Supreme Court. The petitioner clarified that the objection is not directed at the personal integrity of any individual member. Rather, it stems from a structural concern about whether the panel, in its present form, possesses the demonstrable independence and specialised proficiency required for the mandate.
The plea specifically seeks that the committee be headed by one of the former Chief Justices of India - U.U. Lalit, Sanjiv Khanna or B.R. Gavai. It further suggests inclusion of a retired woman Director General of Police, a former Attorney General, an officer with strong investigative experience, or an individual with a proven record in civil liberties and public interest work. Tripathi contended that the non-judicial members currently on the panel lack specialised experience in investigating alleged police excesses or scrutinising senior serving executives and police officials. Given that the inquiry may examine the role of high-ranking officials in the Ministry of Home Affairs, Delhi Police and the Rapid Action Force, the petitioner emphasised the need for a body that is visibly insulated from any perceived executive or institutional influence.
Senior advocate Gopal Sankaranarayanan, appearing for the petitioner, mentioned the application before a bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V. Mohana. He sought its listing. Solicitor General Tushar Mehta strongly opposed the move, describing the application as mysterious and improper because it sought reconstitution after the committee had already commenced work. Mehta also objected to the suggestion of specific names for the chairmanship when the court had already appointed a retired Supreme Court judge to lead the inquiry. He cautioned against turning the proceedings into a political platform.
The bench indicated that the existing panel should first proceed with its mandate. The application seeking reconstitution is expected to be listed along with the main batch of petitions arising from the July 20 events.
The July 20 “Sansad Chalo” march formed part of wider student protests against alleged irregularities and paper leaks in entrance examinations, including NEET. Demonstrators had gathered at Jantar Mantar and attempted to move towards Parliament, leading to clashes with security forces that involved lathi charges, tear gas and other measures. The Supreme Court-constituted committee is examining allegations from both sides under the direct supervision of the court.
