The conflict between the Cockroach Janta Party (CJP) and the Centre over FIRs filed during the recent NEET paper-leak protests centers around a crucial distinction drawn by the Supreme Court of India:
The Supreme Court's "Red Line": The Supreme Court directed the immediate release of and protection from coercive action for minors and first-time protesters without criminal antecedents. However, the Apex Court allowed investigations and legal proceedings to continue against individuals with prior criminal histories or those involved in acts of violence.
The Stand-Off:
CJP's Position: Demands a complete, blanket withdrawal of all FIRs registered against all protesters and volunteers across all states, alleging a breach of agreement by the government.
Centre's Position: Relies on the SC's directive to maintain that while peaceful student protesters will not face coercive action, cases involving individuals with criminal antecedents or serious charges of violence against police personnel will proceed under regular investigation.
3 Legal & Administrative Options Explained
Option 1: State-by-State Withdrawal under Section 321 CrPC / Section 360 BNSS
Mechanism: Public Prosecutors in respective states (Delhi, Bihar, Bengal, etc.) can move applications before trial courts under criminal procedure rules to withdraw prosecutions in the "public interest."
Scope & Limitation: The Centre can request state governments to drop charges against peaceful student volunteers. However, trial courts retain the power to reject withdrawals for serious offences or violent acts, ensuring alignment with the Supreme Court’s ruling against shielding individuals facing grave criminal charges.
Option 2: Formation of a High-Powered Review Committee
Mechanism: The Centre and relevant State Governments can establish a joint High-Powered Committee comprising judicial officers, police chiefs, and legal representatives to screen FIRs individually.
Scope & Limitation: The committee can categorize cases into two buckets:
Category A (Minor offences / Unlawful Assembly): Recommended for quashing or summary closure.
Category B (Serious Vandalism / Violence): Allowed to run standard judicial trial.
Outcome: This gives CJP relief for genuine student activists while keeping the legal process intact for cases involving violence.
Option 3: Court-Monitored Independent Investigation / Quashing Pleas
Mechanism: Protesters or the CJP can approach High Courts or the Supreme Court under Section 482 CrPC (or equivalent provision under BNSS) for quashing FIRs that lack specific allegations.
Scope & Limitation: Since the Supreme Court has already ordered an independent and impartial probe into allegations of police action as well as protest violence, the Court itself can oversee the final determination of which FIRs merit quashing vs. charge-sheeting.
This report covers the Supreme Court's order directing the release of first-time student protesters and the ongoing legal developments regarding the Jantar Mantar protest FIRs.
The legal and political standoff over the First Information Reports filed against student protesters who took part in the Cockroach Janta Party’s (CJP) agitation escalated dramatically on Tuesday as the Supreme Court (SC) said that the FIRs that were already registered can be probed. The Centre, meanwhile, showed its willingness to keep its promise, with multiple states withdrawing FIRs against CJP protesters. The demonstrations were sparked by alleged NEET-UG 2026 examination irregularities and led to a severe police crackdown on July 20, 2026.
CJP, SC and Centre, where do they stand on the issue? Is there a way out? News18 explains.
WHERE THE SC STANDS
A three-judge Bench led by Chief Justice of India (CJI) Surya Kant intervened with crucial interim orders.
The Supreme Court stated that the States may proceed with the investigation in the FIRs registered.
However, it halted all coercive action against protesters across all states. This applies strictly to individuals without a criminal background. The Court directed all states to immediately release children under 18 who were arrested or detained during the agitation.
The SC explicitly stated that the right to peaceful protest is a guaranteed constitutional right under Article 19. A “mere agitation” cannot justify excessive police force or immediate lathi charges. The Bench is considering setting up a Special Investigation Team (SIT) or high-powered committee to look into police excesses, emphasizing that accountability must be fixed “up the ladder”. The police must preserve all CCTV, drone, and body-camera footage and ensure that the digital or personal data of protesters is not leaked to the public domain.
WHERE THE COCKROACH JANTA PARTY (CJP) STANDS
The CJP initially suspended its 36-day agitation on July 25 following the resignation of Education Minister Dharmendra Pradhan, but they have since renewed their agitation warnings.
CJP spokesperson Saurav Das stated that the Supreme Court’s conditions are “unacceptable”. The CJP expects a complete, unconditional withdrawal of all FIRs against both protesters and organizers, rather than a selective case-by-case investigation.
Backed by senior legal figures like Kapil Sibal, the CJP has given the Centre an ultimatum to deliver a formal written agreement quashing all cases nationwide, failing which they will launch a massive fresh wave of sit-in protests.
WHERE THE GOVERNMENT STANDS
The Central Government is caught between de-escalating the student unrest and maintaining law-enforcement morale.
Top government representatives, including Union Minister JP Nadda, publicly stated that the government has agreed to withdraw existing FIRs and will not register fresh cases linked to the peaceful agitation. States like Bihar and Assam have already shared initial notifications to that effect.
Representing the government, Solicitor General Tushar Mehta argued that anti-social elements and individuals with serious criminal records (such as narcotics or assault charges) infiltrated the student movement.
The government maintains that unruly mobs injured many police personnel and damaged public property. The State claims it cannot take blanket actions that would completely demoralise the police force.
Maharashtra Chief Minister Devendra Fadnavis on Tuesday directed the Home Department to withdraw cases registered against students who took part in protests, making Maharashtra the latest state to roll back legal action against demonstrators. The move comes after Bihar and Assam announced similar decisions to withdraw cases filed against protesters.
IS THERE A WAY OUT?
1. Executive Withdrawal of Cases (Section 321 of CrPC / Section 360 of BNSS):
While the police can investigate FIRs per the Supreme Court’s order, the executive branch (the government) holds the ultimate authority to drop criminal prosecutions.
The government can instruct the Public Prosecutor to file an application under the criminal procedure code to formally withdraw from the prosecution of these cases.
However, this requires the explicit permission of the local trial court where the cases are active. The court must be satisfied that the withdrawal is in the interest of public justice, peace, and order.
2. Legal Quashing of FIRs by High Courts
Protesters named in the FIRs do not have to wait for a protracted trial or a government decree. They can directly approach their respective High Courts to secure a clean legal exit.
Under Section 482 of the CrPC (or the corresponding section under the Bharatiya Nagarik Suraksha Sanhita), individuals can file a petition to quash the FIRs.













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