Supreme Court quashes student protest FIRs nationwide, CJP withdraws Sep 5 march
Synopsis
Key Takeaways
The Supreme Court of India on Tuesday, 1 September quashed all First Information Reports (FIRs) registered against student protesters across the country in connection with demonstrations held between 20 and 25 July, and directed that no fresh cases will be filed by any state or Union Territory arising from those protests. The bench invoked its extraordinary powers under Article 142 of the Constitution to protect the future prospects of young demonstrators who participated in what it described as peaceful protests.
What the Supreme Court Ordered
A bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V. Mohana ruled that FIRs registered in Delhi, Bihar, Maharashtra, West Bengal, and Assam — as well as in any other state or Union Territory not specifically covered by the applications — would be treated as closed and would neither be pursued nor investigated.
'Keeping in view the future prospects of the young protesters who came to participate in a peaceful protest to raise their voice in support of certain demands, we deem it appropriate to invoke our powers under Article 142 of the Constitution in order to do complete justice between the parties,' the bench stated.
The court further directed that no fresh FIR will be registered by any state or UT in relation to incidents arising from the protests during that period, making the relief effectively pan-India in scope.
Exception for Serious Criminal Antecedents
The apex court, however, granted Delhi Police liberty to register a single consolidated FIR against 2,873 individuals who were present at the Jantar Mantar protests and were stated to have serious criminal antecedents. The bench clarified that such an FIR would be strictly confined to allegations of bodily harm and destruction of property, and would not prejudice the legal rights of the affected parties.
'Such an FIR can be registered without prejudice to the rights of the affected parties to seek remedies available to them in law, and strictly confined to the two categories of allegations referred to in paragraph 4, namely, bodily harm and destruction of property,' the bench noted.
Government Assurances and NEET Compensation Policy
Solicitor General Tushar Mehta submitted before the court that the Centre's applications had been filed pursuant to assurances given to the leadership of the Cockroach Janta Party (CJP) on 25 July — that cases against protesters would be withdrawn and no future FIR would be registered. He also confirmed that the government remained committed to providing compensation to families of students who died by suicide in connection with academic issues, including the NEET-UG 2026 examination.
Acting on this, the Supreme Court directed the Union of India to formulate a pan-India compensation policy within three months, in consultation with concerned state governments. 'Such policy shall be circulated to all the state governments concerned and implementing authorities, so that it can be adopted as a regular mechanism for payment of compensation,' the court directed.
CJP Withdraws September 5 Protest March
Shortly after Solicitor General Mehta made his submissions, CJP co-convener Saurav Das, who was present in the courtroom, announced that the party had decided to withdraw its proposed September 5 protest march from India Gate to the New Delhi Police Headquarters, citing the government's assurances and the court's order.
The CJP had announced the march on 24 August, alleging the Centre had failed to honour commitments made to young people following the withdrawal of nationwide youth protests on 25 July. The party had said the march would be led by families of deceased NEET victims and victims of alleged police brutality, alongside students from across the country.
Background and Court's Earlier Stance
The Centre had moved the Supreme Court on Monday, 31 August, seeking the quashing of FIRs and urging the court to invoke Article 142 for 'complete justice'. On the same day, the Supreme Court had separately declined to pass any interim order against the proposed September 5 march, observing that there were no compelling circumstances to presume the demonstration would result in a law and order problem.
The bench had also remarked that maintenance of law and order was ultimately the responsibility of police authorities, and that all participants would be presumed to act responsibly and lawfully. Notably, the court stressed that its invocation of Article 142 in this instance was specific to the 'peculiar facts and circumstances' of the case and should not be treated as a binding precedent. With the FIRs quashed and the march withdrawn, attention now shifts to whether the Centre delivers on its promised compensation framework within the court-mandated three-month window.