SC directs release of under-18 students and those without criminal antecedents in NEET protest cases

NEW DELHI: The Supreme Court on Tuesday directed all states to release students below the age of 18 who were arrested or detained during the nationwide protests over the alleged NEET-UG 2026 paper leak, provided they have no criminal antecedents.

The court also directed that no coercive action be taken against students for the time being, ordered preservation of all electronic evidence relating to the protests, and observed that the allegations placed before it prima facie warrant an independent and impartial probe.

“All states are directed to release children below the age of 18 who have been arrested or detained during the student protests and who do not have any criminal antecedents”, the court said. It has further directed that persons arrested in connection with the student protests who do not have criminal antecedents shall also be released, while permitting investigation in the cases to continue in accordance with law.

The directions came while a bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing a batch of petitions alleging excessive force by police during protests that began at Jantar Mantar and other places in Delhi and later spread to Maharashtra, Bihar, Gujarat, Assam, West Bengal and Kerala.

The petitions allege that students protesting over the alleged NEET-UG 2026 paper leak were subjected to lathi charge, use of pellet guns, tear gas and electric weapons, in violation of Articles 14, 19, 20 and 21 of the Constitution.

The court noted the petitioners’ allegations that pellet guns caused grievous injuries, including one protester allegedly losing eyesight, that lathis fitted with nails resulted in permanent disabilities, that a media person was seriously assaulted, and that violence was committed by police personnel, including those allegedly in civilian clothes.

The court also noted that similar allegations had been made by police personnel and their families, who claimed that anti-social elements infiltrated the protest sites and attacked police officials, causing injuries. It recorded that these incidents had also been placed on record.

During the hearing, Advocate Prashant Bhushan mentioned a separate plea filed on behalf of Junaid Malik, a protest volunteer, alleging that Malik and his family were assaulted by the police. The court however, said that at this stage it’s not looking at facts. It did, however, acknowledge that prima favour cases of violent attacks on students have occurred which warrant a fair and independent probe.

“If we start looking at individual facts… the most conservative language we can use is that there is, prima facie, a case of violence involved. That is why we are hearing these matters,” the CJI observed. The court also referred to allegations placed before it from Bihar that AK-47s were allegedly used against peaceful protesters.

Appearing for the Union of India and the NCT of Delhi, Solicitor General Tushar Mehta submitted that the Centre had no objection to an independent probe. At the same time, he urged the Court to also consider allegations that police personnel had come under attack.

He submitted that while one set of petitioners alleged police brutality, there were also allegations that hardened criminals had infiltrated the protest sites and caused injuries to more than 200 police personnel. “One set of petitioners says the police used brutal force against them. If that is the case, they must be punished. Appropriate action must be taken. There is one truth, another truth and then there is the truth” the Solicitor General of India (SGI) submitted.

He further submitted that the Centre did not believe students had attacked the police. “There were hardened criminals, miscreants and uninvited guests who entered the protest sites and used violence against police personnel. We do not think students would attack the police”, the SGI said,

The court responded by observing that the allegations regarding attacks on police personnel would also have to be examined. “For police victims also, the issue needs to be addressed. These attacks on police officials — were they committed by students or by somebody else?” the CJI asked.

The SGI responded that state authorities are of the view that such violent against police was commuted by miscreants and not students. After hearing the parties, the court observed that, at this stage, the allegations before it warranted an independent inquiry.

“The allegations made by the petitioners, at this stage, make out a case for an independent and impartial probe. Such a probe will invariably also probe the allegations of violence and attacks on police personnel and other” the court observed.

However, before passing any order directing such a probe, the Court said it would be appropriate to grant time to the NCT of Delhi and the other States concerned to file their responses. The court accordingly issued notice to the Chief Secretaries of Maharashtra, Bihar, Kerala, West Bengal, Uttar Pradesh and the other concerned States.

The court also directed that all CCTV footage, drone footage, body-camera recordings, wireless communications and all other digital material relating to the student protests shall be preserved. It further directed the respondent authorities and police to ensure that such digital material is preserved and is not brought into the public domain, adding that no such data shall be published pending further orders.

The court clarified that investigation in the FIRs may continue, but directed that no coercive action shall be taken against students at this stage. (ANI)