Centre's assurance on FIR withdrawal cannot override statutory processes: Experts
Legal experts state that the Centre's assurance regarding no punitive action against student protesters cannot override statutory processes for withdrawing FIRs. They clarified that once an FIR is registered, the investigating agency must either file a closure report if no material is found, or the public prosecutor must seek withdrawal from prosecution, both subject to judicial scrutiny. Former Supreme Court judge Abhay S. Oka emphasized that the Union government cannot give such an assurance on behalf of State governments, as police are under State control. The court's interim order allowed investigations to continue but restrained coercive action against 'protesting students' without criminal antecedents.
Key Points
- Legal experts assert that the Centre's assurance on no punitive action for protesters cannot bypass statutory FIR withdrawal procedures.
- Once an FIR is registered, it requires either a closure report by the investigating agency or withdrawal by the public prosecutor, both subject to judicial review.
- The Union government cannot unilaterally assure FIR withdrawal for cases under State police jurisdiction.
- The Supreme Court's interim order allowed investigations but protected 'protesting students' without criminal antecedents from coercive action.
Exam Facts
- Former Supreme Court judge: Abhay S. Oka.
- Solicitor-General: Tushar Mehta.
- Supreme Court Chief Justice: Surya Kant.
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