“Please appreciate, these are young students”: that was how the CJI explained the Supreme Court’s use of Article 142 to quash FIRs, as it rejected a petition seeking to implead Cockroach Janta Party founder Abhijeet Dipke in a matter on police independence.
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New Delhi: Rejecting a petition impleading Cockroach Janta Party founder Abhijeet Dipke, the Supreme Court on Friday also dismissed the plea seeking an investigation into the Delhi Police FIRs against student protesters over the July Jantar Mantar protests. The petition had further sought a declaration that the police, like the judiciary, are sovereign and independent in maintaining law and order and free from interference unless their actions violate the law [Petition impleading Abhijeet Dipke Matter].
The matter was heard by a Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana. The reports of the hearing do not name the petitioner, and the contentions below are as recorded in court.
“These are young students”
Responding to criticism of the Court invoking Article 142 to quash FIRs, the CJI said the matters involved young students.
“Please appreciate, these are young students. We have to see their parents, their future. We don’t want them to have to come to Court.”
“No guarantee” of correct orders
“There is no guarantee that we keep passing 100% correct orders.”
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A review of the quashing order, in the CJI’s words
On the plea to investigate the Delhi Police FIRs against the student protesters over the July Jantar Mantar protests, the CJI observed that the petitioner was essentially seeking a review of the Supreme Court’s order quashing those FIRs.
Nedumpara’s objection
Advocate Mathews Nedumpara questioned the Court’s intervention in cases without actual litigants. He argued that public interest litigations are being used to seek judicial substitution of other authorities.
An earlier dharna case
The CJI also referred to an earlier case involving legislators who staged a dharna during the COVID-19 period and allegedly caused damage to public property. The High Court declined to quash the proceedings, but the Supreme Court granted relief, considering the extraordinary circumstances of the pandemic and that the individuals were not hardened criminals. The allegations in that case were not tested on merits in the exchange reported.
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Case Details: Petition impleading Cockroach Janta Party founder Abhijeet Dipke and seeking investigation into Delhi Police FIRs against student protesters, Supreme Court of India, order of 9 October 2026. Case number and title not reported.
Appearances: Advocate Mathews Nedumpara was heard. Other appearances not reported.