Supreme Court Quashes FIRs Against NEET Protesters, Allows Registration Of Fresh FIR For Offences Involving Bodily Harm & Destruction Of Property

Saurav Das, co-convener of the Cockroach Janta Party (CJP), also appeared in person before the Supreme Court and submitted the withdrawal of the proposed September 5 protest march, citing the Central Government’s positive assurances and the court’s judicial oversight.

Recently, the Court refused to pass any immediate orders against a proposed social media-announced protest march by the Cockroach Janta Party ahead of the upcoming BRICS Summit and remarked that maintaining public order falls strictly within the domain of law enforcement agencies.

The Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana ordered, "Having heard learned Solicitor General of India as well as learned senior counsel for the parties, and in light of the commitment made before us by the Union of India and some of the State Governments, coupled with the statement recorded on behalf of the... statement made by the co-convenor of the CJP, and most importantly, keeping in view the future prospects of the young protesters who bona fide came to participate in a peaceful protest to raise voice in support of their certain demands, we find it a fit case to invoke our powers under Article 142 of the Constitution in order to do complete justice between the parties...Consequently, these applications are allowed in terms of the following directions: (i) All the FIRs, the description whereof are reproduced in para so-and-so...are hereby quashed...(ii)If there is any other FIR registered with respect to the same incidents of protest between 20th to 25th July 2026 in any of the State/Union Territory which has not been formally brought to our notice, shall not be persued or investigated and such FIRs shall be considered as closed for intents and purposes."

Senior Advocates N Hariharan, Vrinda Grover and Shadan Farasat appeared for the Petitioners, while Solicitor General Tushar Mehta appeared for the Union of India

The Court ordered, "(iii) No State/Union Territory shall register any fresh FIR in relation to the incidents of protest between 20th to 25th July 2026, save and accept as permitted hereinbelow...(iv) The Central Government/Delhi Police shall be at liberty to register a fresh FIR against 2,273 individuals as per the description given in paragraph 4 of its application. Such FIR shall be registered without prejudice to the rights of the affected parties to take lawful recourse in accordance with law..."

Solicitor General Tushar Mehta submitted that five applications were filed in the matter by Delhi Police, States of Maharashtra, Assam, Bihar, and State of West Bengal, inter alia invoking powers of this Court under Article 142 of the Constitution and seeking to quash the FIRs.

He submitted that the senior members of the Government have met with the leaders of the Cockroach Janta Party and assurances have been given regarding the FIRs. 1. Nobody will pursue already filed FIRs; 2. No registration of the fresh FIRs; and 3. Compensation to the family of the Students who committed suicide.

Mehta said, "Your Lordships may consider say 'May not be perused...the FIRs may be closed for all intentions and purposes. The Third request is that the same may be followed for all the States other than these States...non-applicants States & UTs".

Mehta further requested the Court to give a time period of three months for compensation to the families if the students, as the Government has to take care of certain modalities.

"There is an apprehension in the mind of the Protestors that the Government is not fulfilling the assurances, so now there is another march from A point to B point that they maybe called off...I think Saurav Das is here in the Court today, he might have something to say", Mehta said.

Saurav Das said, "Thank you, sir. I'm just here to read out a statement, sir. As co-convener of the Chhatra Janta Party, I want to state that in view of the positive assurances of the Government of India and the judicial sanctity bestowed upon them today, and in view of the order being passed by this Honorable Court, the CJP deems it appropriate to withdraw the call for the march on 5th September and looks forward to the compliance of today's order. I also thank the court for this decision and the learned counsels on both sides, Miss Vrinda Grover ji and the Solicitor General, for their efforts. Thank you."

After that, Chief Justice Kant said, "Fair enough from their side...If both sides will show good gesture, then any—all issues can be resolved one by one. There are—there is nothing like in the world which is too complicated that it..."

The Delhi Police in its application, however, has carved out an exception with respect to 2,873 individuals allegedly having serious criminal antecedents as per the National Crime Records Bureau database, and who were prima facie reported to be present at the protest site.

It was averred that an investigation is required to ascertain their role with respect to (i) the commission of offences relating to bodily harm, or (ii) destruction of property. The Delhi Police has accordingly sought leave of the Court to register a fresh FIR only for these 2,873 individuals, and that too in conformity with the observations made by the Court in its order dated 3rd August 2026.

The Court directed that there is a further commitment by Delhi Police, and the applicant States that no fresh FIR shall be filed against the protesters for the incidents which are the subject matter of these applications.

Regarding compensatory measures, the Court directed that the families of students who tragically committed suicide in connection with the NEET 2026 examination conducted by the National Testing Agency (NTA) shall be paid compensation within a period of three months.

The Court noted the Solicitor General's undertaking that a comprehensive, pan-India policy framework would be notified to govern compensatory protocols in such matters.

The Court directed, "(v) The Central Government is directed to formulate the modalities and policy with respect to payment of compensation on a pan-India basis. Such model policy may be circulated to all the State Governments/Union Territories in consultation with all the State Governments/Union Territories, and such framework may then be adopted by all the State Governments and Union Territories as a regular mechanism of compensatory measures. As regards to the students who committed suicide in respect of NEET 2026, the Central Government shall pay compensation to the affected families after the policy is formulated, within a period of three months..."

Finally, taking into consideration the statements submitted by the co-convenor of the CJJ and the broader public interest of safeguarding young citizens, the Court allowed the applications and issued formal directions quashing all specified and non-specified FIRs arising out of the subject protests nationwide.

The Court constituted a high-powered judicial committee to comprehensively investigate grievances, address allegations of sexual assault and online harassment against protesters, and evaluate police conduct during the NEET paper leak protests.

The Court will also hear an application filed by the lead petitioner seeking the reconstitution of the High-Powered Enquiry Committee (HPEC) set up to probe allegations of sexual assault, online harassment, and police misconduct.

The Members of the Committee are: i. Justice (Retd.) R. Subhash Reddy, Former Judge of the Supreme Court (Chairperson) ii. Justice Ravi Shankar Jha, Former Chief Justice of Punjab and Haryana High Court (Member) iii. Justice Shalinder Kaur, Former Judge of the Delhi High Court (Member) iv. Shri Rishi Kumar Shukla, Former Director of the Central Bureau of Investigation (Member), and v. Dr. L.R. Bishnoi, Retired Director General of Police, Meghalaya (Member)

Earlier, on August 3, 2026, the Court clarified that the NCT of Delhi and state governments were at liberty to close or withdraw First Information Reports (FIRs) registered against candidates and citizens protesting. The Court also clarified that the word "criminal antecedents" in the previous order is to be read as grave and heinous offences.

The Court had issued interim directions prohibiting coercive action against students without criminal antecedents, ordering the immediate release of all detained minors, and mandating the preservation of all digital evidence and CCTV footage.

The Court also asked the Centre to preserve the ammunition log of the Rapid Action Force (RAF) deployed at the Jantar Mantar and took note of a plea on the use of metallic pellet guns during the protests.

The Court had agreed to hear two separate petitions alleging police excesses against students protesting against the NEET paper leak. Earlier that day, Chief Justice of India Surya Kant dismissed as "reckless” media reports that he had denied an urgent hearing on a plea challenging the July 20 police action against students, saying it was only a representation and not a petition.

Cause Title: Shailendra Mani Tripathi v. Union of India & Ors.[W.P.(Crl.) No. 280/2026]