The CJP’s Saurav Das said the Supreme Court had allowed the police to proceed with existing FIRs and expressed apprehension that the government would “weaponise” this against protesters.
Threatening to resume protests for the second time in as many days, the Cockroach Janta Party on Tuesday said the Supreme Court had allowed the police to proceed with existing FIRs and expressed apprehension that the government would “weaponise” this against protesters and harass them.
Hearing a batch of petitions against the alleged use of excessive force against students who were staging protests against paper leaks at Jantar Mantar in Delhi and other places, a bench led by Chief Justice of India Surya Kant directed that no coercive action should be taken against peaceful protesters. It ordered the release of those detained who had no prior criminal record.
There was also, however, a caveat.
“The NCT of Delhi and other States may proceed with the investigation of the FIRs registered; however, no coercive measures shall be taken against the protesting students. Such protection, nonetheless, shall not be extended to the persons with criminal antecedents,” the bench said.
In a post on X on Tuesday evening, CJP Spokesperson Saurav Das said the order “must ring alarm bells across the country”.
“This direction stands in direct contradiction to the solemn assurance and guarantee extended by the Government of India to the youth of this nation on 25 July 2026, namely, that the FIRs would be withdrawn and that no protester would be directly or indirectly targeted for participating in the peaceful movement. It was on the strength of that solemn assurance, and in complete good faith, that the Cockroach Janta Party called off its nationwide protest,” Das wrote.
“We now have a credible apprehension that the Government of India and BJP-ruled states may seek to use and weaponise this order of the Bench led by Chief Justice of India Surya Kant to continue FIRs against individual protesters and subject them to great harassment. This was precisely our concern from day one: that courts could be used, directly or indirectly, to achieve political ends by targeting peaceful dissent,” he added.
‘Surreptitious’
Das said it was troubling that the government’s lawyers did not oppose the order despite being aware of the assurances given to the CJP and the protesters.
Arguing that a public assurance cannot be diluted in a “surreptitious” manner, the spokesperson pointed out that the Centre and BJP/NDA-ruled state governments could withdraw the FIRs and decide not to proceed against peaceful protesters.
Das then repeated a threat the CJP had also made on Monday.
“The deadline for the Government of India to honour its guarantees expires today. We once again call upon it to fulfil every commitment it made: withdraw the FIRs, ensure that no protester is subjected to future punitive action, and honour both the letter and the spirit of the assurance that brought an end to the protest,” he said.
“Failing this, and as previously declared, the Cockroach Janta Party will have no option but to resume its nationwide protest to protect the students and young protesters who stood up not for themselves alone, but for the future of this nation. A government that breaks its word cannot expect the youth to remain silent. If the guarantees are dishonoured, the streets of India will once again become the voice of its young,” he warned.
On Monday, Das’ CJP colleague and fellow spokesperson Ashutosh Ranka had said there was a “complete breach” of the agreement and hundreds of protesters had been arrested.
“We demand that all the FIRs against the protesters be immediately withdrawn, students be released and no future FIRs be filed (in line with our agreement) by Delhi police / Central investigative agencies / Police in BJP-allied states, FAILING WHICH WE WILL BE FORCED TO SIT ON PROTEST AGAIN,” he had said.
