Centre’s assurance cannot override statutory processes governing withdrawal of FIRs, experts say
Legal experts clarify that government assurances cannot override statutory criminal procedures regarding the withdrawal of FIRs against student protesters. The Supreme Court is currently reviewing the legality of police actions and the potential for an independent inquiry.
Why it matters
It highlights the tension between executive promises and the rule of law in the Indian judicial system.
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.
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