Supreme Court quashes FIR against Gen Z NEET-UG protesters under Article 142

At the behest of the Union government, the Supreme Court on Tuesday (September 1, 2026) took a rare and extraordinary step to quash criminal cases registered against Gen Z protesters involved in nationwide protests linked to the Cockroach Janta Party (CJP) following the leak of the NEET-UG 2026 question paper.

A three-judge bench headed by Chief Justice of India (CJI) Surya Kant exercised its absolute powers under Article 142 of the Constitution to do “complete justice” and ensure that “FIRs are not investigated and are for all intents and purposes closed”.

Also read | NEET-UG protests case: Petitioners seek reconstitution of high-powered inquiry committee

This came after an about-face from the Delhi Police, which comes under the jurisdiction of the Union Home Ministry. Faced with the specter of the September 5 CJP march just days before the high-profile BRICS summit in the capital Delhi, the police on August 31 told the court that they did not wish to pursue an FIR.

Fresh and specific FIR allowed

The court clarified that its order was not limited to Delhi but extended to all states and Union territories where protests were held. The court said the Center will have the option to ensure that states and Union Territories do not register any fresh FIRs in respect of the CJP-led protests that took place between July 20 and July 25. Kerala, represented by advocate Aljo Joseph, praised the court’s decision and said the police did not respond with violence to the student protests held in the state.

However, the bench allowed the Delhi Police to file a “fresh and specific” FIR against 2,873 individuals with criminal antecedents who were spotted through facial recognition technology at the Jantar Mantar protest site in central Delhi. The court said FIRs should not prejudice their rights and they should be given every opportunity to defend themselves.

It further directed the Center to frame an all-India policy to compensate the families of students who took their lives after the NEET-UG 2026 paper leak and then make payments within three months.

“Remembering the Future Prospects of Protesters”

The hour-long hearing ended with a general round of bonhomie as Chief Justice Kant blithely said, “We have all seen student life.” The CJI’s oral remarks about “cockroaches” and “parasites” in the same courtroom prompted the arrival of the Cockroach Janta Party (CJP).

Pronouncing the order, the CJI advised that students should “focus on careers to create and create a space in the competitive world”. The court said it had decided to invoke Article 142 mainly in view of the “future prospects of the young protesters”.

“As an institution, we are grateful that a constructive environment has been created to help young people. We wish them all the best,” Chief Justice Kant said with a look of satisfaction that permeated the courtroom.

CJP suspends September 5 protest plan

The hearing saw Solicitor General Tushar Mehta, appearing for the Delhi Police, join the petitioners’ lawyers, Senior Advocate N. Hariharan and Advocate Vrinda Grover, to push for a “John Doe” order barring states from registering any new cases related to the CJP-led protests.

Four BJP-ruled states — Maharashtra, Assam, Bihar and West Bengal — filed separate petitions asking the court to invoke Article 142 to quash the FIR. The states’ requests were “literally” those of the Delhi Police, Mr. Mehta said.

CJP co-convener Saurav Das, who was present in the courtroom, was invited to come to the front row and address the bench. Mr. Das read a statement from his mobile phone saying that “in view of the positive assurances of the Government of India (closure of FIRs) and the judicial sanction given to them today… the CJP considers it appropriate to withdraw the call for the September 5 march and looks forward to complying with today’s order.”

Pronouncing the order, the court asked the CJP leader to share his statement, which will form part of the order. Mr. Mehta offered to have it printed from his chamber in court. Mr. Das said the statement was couched in “Gen Z jargon” and thanked the court for the “historic” order.

U-turn ahead of the BRICS summit

The turnaround began on August 31 when the Delhi Police rushed to the Supreme Court shortly after the CJI bench refused to stop the CJP’s planned march ahead of the BRICS summit scheduled for September 12-13. The Delhi Police then told the court that they did not wish to pursue the FIRs.

The FIRs were initially registered after the brutal police crackdown on July 20 in which tear gas and firearms were used against fleeing students. In the FIRs, the police charged the young protesters with several offences, including rioting, attempt to murder and damage to public property.

Published – 01 Sep 2026 12:30 IST