The Supreme Court on Tuesday (July 28, 2026) observed that it would consider constituting a high-powered investigating team to conduct a “thorough, fair and independent” inquiry into allegations of police excesses during the recent student protests in Delhi and several other States, while ordering the immediate release of all minors arrested in connection with the demonstrations and restraining the police from taking coercive action against protesting students unless they had criminal antecedents.

While underlining that the Constitution guarantees the right to peaceful protest, a Bench headed by Chief Justice of India (CJI) Surya Kant observed that an independent probe was necessary to examine the allegations of police violence through a “scientific” and “evidence-based” inquiry.

“The allegations made by the petitioners prima facie make out a case for an independent probe into the incidents of violence”, the Bench observed, adding that the proposed probe would also examine complaints by the families of police personnel who were allegedly injured during the protests.

The interim directions came while the top court was hearing a batch of petitions alleging the use of disproportionate force by the police against protesters during demonstrations over the NEET examination paper leak, including the July 20 Parliament march in Delhi and subsequent protests in several States. The Hindu had earlier reported that at least four persons were struck by pellets during the Parliament march and that the Rapid Action Force (RAF) fired two rounds from an anti-riot gun on the directions of a Deputy Commissioner of Police (DCP)-rank officer.

The Bench, also comprising Justices Joymalya Bagchi and V. Mohana, issued notices to the Union government and the Chief Secretaries of Delhi, Maharashtra, Bihar, Assam, Kerala, West Bengal, Madhya Pradesh and Uttar Pradesh, indicating that it would decide whether to order an independent probe after considering the responses filed by the authorities.

Release detained minors, preserve CCTV footage

Taking note of petitions alleging that student protesters had been illegally arrested and detained by the police, the top court directed the authorities to forthwith release all minors detained in connection with the demonstrations. It also restrained the authorities from taking any coercive action against students in relation to the agitation unless they had criminal antecedents.

“The NCT of Delhi and other States may continue the investigation of the FIRs registered, but no coercive action shall be taken against the protesting students. Such relief shall not be extended to persons with criminal antecedents or anti-social elements,” the Bench said.

The Bench further directed the police authorities to preserve all CCTV footage, drone footage and body-worn camera recordings relating to the protests as a measure of “abundant caution”.

‘Uniform protocol’

The top court also underlined the need for a uniform protocol to regulate police conduct during large-scale demonstrations, observing that the existing guidelines had become outdated with the passage of time and required revision.

“It was a completely peaceful protest, and such a protest is absolutely permissible. There is absolutely no doubt about that. There were protocols framed earlier, but with the passage of time they require suitable modification. We need to address these issues,” the Chief Justice observed.

Senior advocate Gopal Sankaranarayanan, appearing for petitioner-advocate Shailesh Mani Tripathi, submitted that the Delhi Police had used disproportionate force during the July 20 Parliament march.

“We have named individual police personnel, with video, who are responsible for this action. We have identified an Assistant Sub-Inspector (ASI) who broke cars himself. He was caught on video himself. These people behaved with a licence... We want responsibility placed above the ladder. Police think they can get away with this,” he said.

Senior advocate Shyam Divan, appearing for one of the petitioners, placed before the Bench photographs allegedly depicting the use of pellet guns and violence by police personnel in plain clothes and said that the allegations were “very, very serious”.

“There are reports of electric shock weapons being used on protesters. The RAF has admitted the use of projectile-action guns (PAGs) against unarmed protesters. We have set out the details and placed credible media reports on record,” he submitted.

Solicitor General Tushar Mehta, appearing for the Delhi Police, submitted that he had no objection to the constitution of an independent inquiry panel. He also brought to the Bench’s notice that several police personnel were allegedly injured by miscreants during the protests.

“Some miscreants must have penetrated... No student would ever do that. Some uninvited guests become co-hosts. We will place everything on record... It has to be a neutral investigating agency which can inspire confidence in all stakeholders,” he said.

The matter has been posted for further hearing on August 3, 2026 when the Union government and the States are expected to place their responses on record.