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Agrees to Hear Centre's Plea to Quash FIRs Against CJP Protesters Using Article 142
The
has taken a decisive legal step by moving the
to quash all FIRs registered against student protesters who participated in the July demonstrations over the NEET paper leak. Appearing before a bench led by Chief Justice Surya Kant,
orally mentioned the matter, invoking the Court's extraordinary powers under
. The Chief Justice promptly agreed to list the plea for urgent hearing on Tuesday, observing,
"If parties are reconciling… we have no difficulty."
The development comes just days before the has called for a protest march in Delhi on , alleging that the Centre has failed to honour the commitment made on to withdraw cases against protesters—a key condition for ending the 36-day agitation. The application thus carries both legal weight and political urgency, as the government seeks to demonstrate compliance with the truce terms and prevent a fresh wave of unrest.
Urgent Listing Granted
The brief exchange in court encapsulated the government's strategy. When the bench was about to rise, SG Mehta requested a moment, stating,
"It's regarding that protest… for quashing of FIRs… We are invoking Article 142."
The Chief Justice, without hesitation, permitted the filing.
"Alright, you file. If parties are reconciling… we have no difficulty,"
he replied. The matter was tagged for hearing on
(now
as per some reports) along with pending petitions related to the protests. The speed of the listing underscores the Court's willingness to facilitate a resolution, provided it aligns with the broader objective of restoring public order and trust.
Legal Hurdles to Withdrawal
The decision to seek quashing under Article 142 rather than through ordinary criminal procedure reflects a well-known legal complication. Under the , once an FIR is registered, the police cannot simply erase it by . To close a case, the investigating agency must file a before the concerned Magistrate, who retains independent judicial discretion to reject it and order further investigation or even a trial. This procedural bottleneck meant that the government's promise to withdraw cases could not be guaranteed at the ground level—individual magistrates across multiple states could potentially keep the cases alive.
During the earlier hearing on , the had itself flagged this issue and expressed an inclination to use its under Article 142 to cut through the red tape. The Court noted that Article 142 enables it to pass any order necessary for doing "" in a matter before it. A quashing order from the Apex Court would directly extinguish the proceedings without depending on magisterial approval. This approach is particularly suited to a situation involving hundreds of FIRs spread across several states, where inconsistent outcomes could undermine the entire settlement.
Article 142 as a Remedy
empowers the to pass any decree or order necessary for in any cause or matter pending before it. Although typically used in civil matters or to fill legislative gaps, its invocation in a criminal context—especially to quash a body of FIRs en masse—is relatively rare but not unprecedented. The Court has previously used these powers to set aside criminal proceedings in cases involving , matrimonial disputes, or where continuation would be an .
Here, the government's application leverages Article 142 to accomplish what the executive alone cannot: a global,
of all FIRs against student protesters. As the Solicitor General submitted earlier,
"FIRs against student protestors must be quashed. How to do… your lordships can decide."
The carve-out for grave offences ensures that the Court is not seen as granting
to those accused of serious crimes. The SG specified that 2,873 individuals face allegations of murder, rape, abduction, and other heinous acts. Those cases, he argued, should remain under investigation because anti-social elements who infiltrated the protests must be held accountable.
Carve-Out for Grave Offences
At the hearing, the Solicitor General made a clear distinction: ordinary student protesters should have their FIRs quashed, but not those accused of . He placed the number of such individuals at approximately 2,873, facing charges that include violent crimes rather than mere protest-related offences. This nuanced approach aligns with the Court's earlier directions that peaceful protesters without should not face , while preserving the criminal process for genuine offenders.
The bench had previously clarified that the phrase "" in its order referred only to those involved in , and that states were at liberty to close or withdraw FIRs against remaining students in accordance with law. The current application appears to operationalise that distinction by seeking a single, overarching quashing order from the , leaving the serious cases to proceed through normal channels. This bifurcation addresses both the political demand for mass amnesty and the societal need for accountability in cases of serious crime.
Political Timing and Implications
The timing of the application is unmistakably tied to the CJP's planned protest on . The party had called off its 36-day agitation on after the Centre agreed to a list of demands, including the resignation of the then Union Education Minister and the unconditional withdrawal of all criminal cases against student activists. Now, with the march looming, the CJP has accused the government of reneging on its promise. By moving the ahead of that deadline, the Centre hopes to demonstrate good faith and possibly persuade the Court to pass an order that would render the protest unnecessary.
Significantly, the had earlier refused to pass orders on a petition seeking to prohibit the CJP's march, stating that it expects everyone to act peacefully and lawfully. That petition, filed by a retired officer, sought a blanket ban on large-scale mobilisations in security-sensitive zones. The bench instead directed the petitioner to approach the —constituted by the Court to probe police excesses during the July protests—and listed the matter for . This indicates that the Court is keen to avoid pre-emptive curbs on peaceful assembly while simultaneously monitoring the government's compliance with its own commitments.
Broader Legal Significance
For legal practitioners, this case raises important questions about the scope of Article 142 in criminal law. Invoking the provision to quash FIRs on a mass scale tests the boundaries of the Court's "" jurisdiction. While the power is undoubtedly wide, its exercise in this context could set a precedent for future mass protests where the executive seeks a judicial shortcut to avoid procedural entanglements. The carve-out for grave offences is likely to be scrutinised closely: how will the Court ensure that only protesters benefit, and not those who actually committed crimes? The Solicitor General has assured that anti-social elements will remain under investigation, but the mechanism for distinguishing them remains to be clarified.
Moreover, the case highlights the structural tension between executive promises and . The government's commitment to withdraw cases was made politically, but translating it into legal reality required the Court's intervention. This interplay may influence how future protest settlements are negotiated, with parties increasingly looking to the for final ratification rather than relying on administrative assurances.
Conclusion
As the prepares to hear the Centre's plea, the legal community will be watching closely. The outcome could provide a template for resolving large-scale protest-related litigation, balancing the need for closure with the imperative of accountability. With the rally pending and the court's own high-powered committee still examining police conduct, the matter remains fluid. What is clear is that Article 142 is being wielded as a tool of statecraft as much as a legal remedy—one that the Court has embraced conditionally, subject to the requirement that parties are genuinely reconciling. The next hearing will reveal not only the fate of thousands of students but also the evolving contours of the 's constitutional jurisdiction.
