Balancing Protest and Policing: Supreme Court's Interim Directions on Student Protests and Police Violence

Case Snapshot

Case Name: Shailendra Mani Tripathi v. Union of India & Ors.

Citation: Supplementary Record of Proceedings (Writ Petition(s)(Criminal) No(s).280/2026 and connected matters)

Bench: Chief Justice of India, Justice Joynalya Bagchi, and Justice V. Mohana

Date of Order: July 28, 2026

Area of Law: Constitutional Law, Criminal Law, Human Rights, Police Law, Public Interest Litigation

Judgment in Brief

The Supreme Court, hearing multiple writ petitions filed under Article 32 of the Constitution, addressed allegations of excessive use of force by police during student protests at Jantar Mantar, New Delhi, and other locations across India. The protests were sparked by concerns over the leakage of question papers for the NEET examination 2026.

The petitioners alleged that police used pellet guns (causing one student to lose eyesight), rubber bullets, electronic batons, lathis embedded with nails, and tear gas against peaceful student protesters. Counter-allegations were made that anti-social elements infiltrated the protests and injured over 280 police personnel through stone-throwing and other acts of violence.

The Court, prima facie, found a compelling case for an independent investigation. It issued notice to the Chief Secretaries of seven states (Maharashtra, Bihar, Assam, Uttar Pradesh, Madhya Pradesh, West Bengal, and Kerala) and passed several interim directions, including preservation of all CCTV, drone, and body-worn camera footage; protection of protestors' personal data from public disclosure; a direction that no coercive measures shall be taken against protesting students (except those with criminal antecedents); and immediate release of all children under 18 who were arrested or detained without criminal antecedents.

Relevant Facts

The Protests: Students protested at Jantar Mantar, New Delhi, and other locations, motivated by concerns over the leakage of question papers for the NEET examination 2026. The protests subsequently spread to multiple states, including Maharashtra, Bihar, Assam, Uttar Pradesh, Madhya Pradesh, West Bengal, and Kerala.

Allegations of Police Violence: The petitioners, through multiple writ petitions, alleged that police used excessive and indiscriminate force against peaceful student protesters, including:

1. Pellet guns leading to injuries, with one boy allegedly losing his eyesight

2. Rubber bullets causing injuries, including to a woman

3. Electronic batons used to disperse the crowd

4. Lathis embedded with nails causing permanent and life-threatening injuries

5. Tear gas

6. Assault on a media member, leading to serious injuries

7. Violence perpetrated by police personnel in both police and civilian dress

Counter-Allegations: The Union of India and NCT of Delhi, while denying police excesses, alleged that hardened criminals and undesirable elements infiltrated the protest site and engaged in violence against police personnel, resulting in serious injuries to over 280 officers.

Constitutional Violations Alleged: The petitioners alleged violations of Fundamental Rights guaranteed under Articles 14 (equality), 19 (freedom of speech and expression and peaceful assembly), 21 (right to life and personal liberty), and 22 (protection against arbitrary arrest and detention) of the Constitution of India.

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