Centre’s assurance cannot override statutory processes governing withdrawal of FIRs, experts say
Legal experts clarify that government assurances regarding amnesty for protesters cannot override statutory criminal processes like the registration and withdrawal of FIRs. The discussion follows a Supreme Court hearing where the court noted that police excesses and protest violence require independent inquiry.
Why it matters
This underscores the separation of powers and the legal limitations of executive promises when faced with established criminal procedure laws.
Even as the Cockroach Janta Party (CJP) contended that the Supreme Court’s interim order permitting the States to proceed with the investigation into the FIRs registered against student protesters was in “direct contradiction” to the Centre’s assurance that no punitive action would be taken against them, legal experts said the assurance could not override the statutory provisions governing the criminal process.
Once an FIR has been registered, they pointed out, the investigating agency may file a closure report if it finds no material to proceed, or the public prosecutor may seek withdrawal from prosecution in accordance with law.
Get smarter about the news
Sign up free for a feed built around what you actually care about, Dive Deeper research on any story, and the full text of every article.
Create free accountAlready have an account? Sign in