Supreme Court Clarifies Procedure for Withdrawal of FIRs Against Student Protesters

The Supreme Court on Monday clarified that states are free to close or withdraw First Information Reports (FIRs) registered against students during protests led by the Cockroach Janta Party, provided they follow the procedure prescribed by law. A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana specified that the term criminal antecedents, used in a previous order, refers only to grave and heinous offences. This clarification ensures that an earlier court order allowing investigations to continue does not prevent governments from withdrawing cases against eligible students.

Solicitor General Tushar Mehta, representing the Centre and Delhi police, reiterated the government's commitment to withdrawing cases, stating that the issue is now one of legal procedure. The court emphasized that it did not want criminal cases to hang over the future of students, though it clarified it was not directing the withdrawal of FIRs for severe crimes such as murder, rape, or kidnapping. Reports indicate that 2,738 persons facing such grave charges have been identified among the protesters.

Legal experts and court documents highlight that there is no single executive order to cancel an FIR. Instead, there are three primary legal routes. First, police can file a closure report under Section 193 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) if insufficient material is found, though a magistrate must approve this. Second, under Section 360 of the BNSS, a public prosecutor may withdraw from prosecution with the consent of the court, provided the request is made in good faith and the victim is heard. Third, the High Court may quash an FIR using its inherent powers under Section 528 of the BNSS to prevent the abuse of legal process.