Supreme Court to Hear Petitions Alleging Police Excesses Against Students Protesting Exam Paper Leaks

July 24, 2026 : The Supreme Court is scheduled to hear on Monday two writ petitions alleging excessive use of police force against students participating in nationwide protests over repeated examination paper leaks and alleged irregularities in competitive examinations, including the NEET-UG examination. The petitions seek judicial intervention into the alleged crackdown on peaceful protesters and raise significant constitutional questions concerning the right to free speech, peaceful assembly and police accountability.

The matter was mentioned on Friday before a Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana. Senior Advocate Gopal Sankaranarayanan informed the Court that both writ petitions had been duly filed, assigned diary numbers by the Registry and that all concerned States had been impleaded as respondents.

Taking note of the submissions that incidents of alleged police excesses against student protesters were continuing across the country, the Bench directed that both petitions be listed for hearing on Monday.

The listing assumes importance because earlier on Friday the Chief Justice had clarified in open court that no writ petition regarding the July 20 police action had been formally filed before the Supreme Court at that stage. Referring to media reports claiming that the Court had declined to entertain such a plea, the CJI explained that the Registry had verified its records and found that only a representation had been submitted and not a properly instituted petition under Article 32 of the Constitution.

One of the petitions has been filed through Advocate-on-Record Chand Qureshi by Advocate Shailendra Mani Tripathi. It seeks enforcement of fundamental rights guaranteed under Articles 14, 16, 19(1)(a), 19(1)(b), 19(1)(d) and 21 of the Constitution. The respondents include the Union of India, the Government of the National Capital Territory of Delhi, the Commissioner of Delhi Police, and all States and Union Territories.

The petition challenges the police action during the “Chalo Sansad” march held on July 20 as part of nationwide protests against examination paper leaks. It alleges that students and other demonstrators attempting to march towards Parliament were subjected to barricading, lathi-charge, tear gas, arbitrary detention and physical assault.

According to the petition, female protesters were also subjected to gender-based misconduct, while unidentified or plainclothes personnel allegedly participated in crowd-control operations. It claims that at least 60 protesters sustained injuries during the police action, making an independent investigation necessary.

The petition seeks the constitution of either an independent Judicial Commission or a Special Investigation Team headed by a retired Supreme Court judge to investigate the alleged police excesses, arbitrary detentions and allegations of gender-based violence during the protests.

It also seeks directions for registration of FIRs against police personnel allegedly involved in assaults and misconduct, along with their identification, suspension and prosecution in accordance with law.

Besides seeking accountability, the petition requests comprehensive guidelines regulating police action during peaceful demonstrations. It asks the Court to prohibit the deployment of plainclothes or unidentified personnel for crowd-control duties or arrests, relying on the Supreme Court’s decisions in D.K. Basu v. State of West Bengal and Somnath v. State of Maharashtra, which require police officers making arrests to display clear identification.

The plea further seeks the formulation of a Standard Operating Procedure governing the exercise of powers under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced Section 144 of the Code of Criminal Procedure.

The petitioner argues that repeated and prolonged use of prohibitory orders has effectively transformed the constitutional right to peaceful assembly into a permission-based system. It contends that blanket or recurring restrictions imposed without any immediate threat to public order fail the constitutional tests of legality, necessity and proportionality.

The petition also challenges the constitutional validity of Section 152 of the Bharatiya Nyaya Sanhita, 2023, which criminalises acts endangering the sovereignty, unity and integrity of India. According to the plea, the provision is vague and overly broad and may be misused against peaceful political dissent and academic criticism, creating a chilling effect on freedom of speech and peaceful protest.

Additionally, the petition alleges that restrictions imposed during the protests, including the closure of Metro stations and suspension of mobile internet services, adversely affected banking, telemedicine, remote work, education, emergency services and daily commuting, thereby impacting the rights of the general public.

The Supreme Court proceedings are taking place alongside related litigation pending before the Delhi High Court. The High Court is already hearing petitions challenging the alleged police crackdown and the suspension of mobile internet services around Jantar Mantar. During the proceedings, it directed the authorities to preserve CCTV footage, videography and other records relating to the police action while seeking responses from the Union Government and the Delhi Police.