Enquiry panel can’t order FIRs over CJP protests’: CJI-led bench

New Delhi (TIP): The Supreme Court on Thursday, Sept 10, made it clear that its five-member high-powered enquiry committee (HPEC) cannot order registration of FIRs in connection with the July protests led by the Cockroach Janta Party (CJP), saying the power to direct criminal investigations rests exclusively with the court.
A bench, comprising Chief Justice of India (CJI) Surya Kant and justices Joymalya Bagchi and V Mohana, said the committee would examine the allegations, identify victims and make recommendations, but any decision to order a criminal investigation would have to be taken by the Supreme Court.
The clarification came as the bench agreed to expedite the proceedings before the committee and said it would “iron out” any creases that emerge in the course of its functioning.
“The committee has to work under the direct supervision of this court,” said the bench, adding that the HPEC could appoint its own amicus or lawyer to assist it before the Supreme Court.
It also permitted the committee to give wide publicity to its proceedings, invite suggestions and objections, and create a dedicated mechanism, including a helpline, for vulnerable witnesses who may be unable to approach it directly. Solicitor General Tushar Mehta, appearing for the Centre and Delhi Police, told the court that the committee’s first meeting had been scheduled for September 15. The court’s clarification assumes significance because it had, on September 1, used its extraordinary powers under Article 142 to bring to an end criminal proceedings arising from the protests. It ordered that FIRs registered between July 20 and 25 in connection with the protests would not be pursued or investigated and would be treated as closed, while directing that no fresh FIRs be registered in relation to those incidents.