The Supreme Court of India on Tuesday, 28 July indicated it may constitute a Special Investigation Team (SIT) headed by a retired apex court judge to probe allegations of police excesses and attacks on police personnel during nationwide student protests over the alleged NEET-UG 2026 paper leak. A bench led by Chief Justice of India (CJI) Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, also directed that no coercive action be taken against student protesters with no criminal antecedents.

Key Directions from the Court

The bench ordered the immediate release of all minors detained during protests across states, and directed that students arrested solely for participating in demonstrations be freed if they have no prior criminal record. The court further ordered the preservation of all CCTV footage, drone recordings, body-worn camera footage, wireless communications, PCR logs, and other electronic records linked to the protests.

Crucially, the court also directed that digital data and personal information of student protesters collected by police must not be made public until further orders. The matter has been posted for further hearing next week.

What the Court Observed

'The allegations made by petitioners prima facie make out a case for an independent and fair probe. Such a probe will effectively address the allegations,' the CJI Kant-led bench observed. The court added that existing protocols governing public protests may require modification, remarking, 'These agitations in democracy are bound to be,' and called for an appropriate mechanism to be activated in such situations.

The bench sought responses from the Union government and the state governments of Assam, Bihar, Kerala, Madhya Pradesh, Maharashtra, Uttar Pradesh, and West Bengal.

What Petitioners Alleged

Senior advocate Gopal Sankaranarayanan, appearing for one petitioner, argued that police action against student demonstrators was not confined to Delhi but was a pan-India issue. He referred to videos allegedly showing police personnel without name tags engaging in violence, and urged the court to order a probe under a former Chief Justice of India. He further claimed that a Bihar police officer had used an AK-47 rifle against students even after the Supreme Court took cognisance of the matter.

Senior advocate Shyam Divan cited alleged use of electric shock batons against protesters and videos purportedly showing a senior police officer threatening students with false narcotics cases. Senior advocate Shadan Farasat submitted that violence in Bihar was more severe than in Delhi, and that around 150 persons, mostly minors, remained in custody despite the Bihar government's announcement that criminal cases against protesters would be withdrawn. Farasat also alleged that lawyers in Delhi were assaulted by police after crowds had dispersed.

Advocate Prashant Bhushan highlighted the case of Junaid Malik, a volunteer who allegedly supplied food to protesters and was reportedly picked up by police and later abandoned in Mussoorie.

What the Government Said

Solicitor General Tushar Mehta, appearing for the Union government and Delhi Police, supported an independent probe while noting that two sets of petitions were before the court — one alleging police brutality against students, and another concerning injuries to police personnel. He submitted that around 250 police personnel had sustained injuries and acknowledged that anti-social elements may have infiltrated the protests.

'If students were attacked, it is a serious matter, and the government cannot take it lightly,' Mehta submitted. 'As a State, we also cannot do anything that would demoralise the police force. Ultimately, there may be one version, another version, and then the truth. It is the truth that must emerge before this Court,' he added.

Background and What Comes Next

The Supreme Court is hearing a batch of petitions seeking pan-India guidelines to protect the constitutional right to peaceful protest, filed in the wake of alleged excessive police force during student demonstrations in Delhi and several other states over the alleged NEET-UG 2026 paper leak. On Monday, 27 July, the court had underscored that the right to peaceful and lawful protest is constitutionally protected and flagged that both police excesses and violence against police personnel require impartial examination.

Earlier, the Delhi High Court had issued notice to the Centre and Delhi Police on a batch of PILs alleging excessive force during the 20 July 'Sansad Chalo' protest, and had directed preservation of CCTV and electronic records. Senior advocate N. Hariharan suggested that petitions pending before the Delhi High Court be transferred to the Supreme Court. The apex court is expected to take a final call on the SIT's constitution after reviewing government responses next week.