Supreme Court says states free to withdraw, close FIRs against student protesters

Mangalore Today News Network

New Delhi, Aug 3, 2026: The Supreme Court on Monday clarified that state governments are at liberty to close or withdraw FIRs registered against students who were part of the pan-India protests against the NEET paper leak, provided such action is taken in accordance with the law.

Clarifying its earlier order, the apex court—which was hearing a batch of petitions related to the July 20 Jantar Mantar student protests—said states are free to withdraw or close criminal cases against student protesters wherever legally permissible; a significant observation that could pave the way for relief in several cases arising out of the protests.

The clarification came after concerns were raised over the interpretation of the court’s earlier directions, particularly on whether pending criminal cases against students would stand in the way of the relief being considered by the bench. By making it clear that states retain the power to withdraw such cases under the existing legal framework, the court sought to remove any ambiguity over its previous order.

The court also narrowed the scope of its earlier reference to “criminal antecedents", making it clear that the expression applies only to those accused of grave and heinous offences such as murder, rape, terrorism and other serious crimes. This means students facing allegations in ordinary or minor offences will not be treated as having criminal antecedents and will continue to be eligible for the relief contemplated by the court.

During the hearing, the Supreme Court also indicated that it may constitute a high-powered committee to probe issues arising out of the protests.

The bench further said it intends to lay down a comprehensive protocol on the use of pellet guns by law enforcement agencies. “The court will decide whether pellet guns can be used, and if so, under what circumstances," Chief Justice of India Surya Kant observed during the proceedings.

On behalf of the Centre, the Solicitor General told the court that “keeping the pot boiling won’t help" and informed the bench that he is in talks with the counsel representing the Cockroach Janta Party. The Centre also said the government is serious about its commitments in the matter and will file its affidavit before the court.

The matter has now been posted for further hearing on August 19.

The case relates to the police action against students protesting at Delhi’s Jantar Mantar over alleged irregularities in competitive examinations. The Supreme Court has been examining issues ranging from police action and the registration of FIRs to the use of force against protesters and accountability for any excesses.

In earlier hearings, the court had sought responses from the Centre and multiple state governments on allegations of excessive force against protesters and had underscored the need for an independent probe to fix accountability wherever excesses were found.