NEW DELHI: Supreme Court on Wednesday refused to reconstitute a five-member high-powered committee set up to probe alleged police excesses against student protesters in Delhi, saying that the committee was formed with the highest standards of fairness and transparency.This comes after a plea was filed in the apex court alleging that one of the members of the committee was a close friend of a high functionary who is involved in the matter.A bench of Chief Justice Surya Kant, Justices Joymalya Bagchi and V Mohana observed that the allegations against the panel were based on “conjecture and preconceived notions” even before it had commenced its enquiry.“We are not inclined to effect any alteration in the constitution of the Committee, particularly where the prayer for such reconstitution proceeds on nothing more than conjecture and preconceived notions, articulated even before the HPEC has embarked upon its enquiry,” the bench said.“With respect to the concerns voiced over the treatment of witnesses and of those who may wish to come forward before the HPEC to furnish their account and voice their grievances, we request the HPEC that such vulnerable witnesses be extended due protection and their identities be kept confidential and undisclosed,” it added.The bench directed that Senior Advocate Monika Gusain, along with advocate C Solomon, shall assist it as a representative of the HPEC, and shall further act as an independent arbiter between the parties.“Similarly, we also request the HPEC to appoint a member secretary at the earliest, so as to facilitate any such logistical or other secretarial assistance as the HPEC may require in the discharge of its functions,” the bench said.Earlier, advocate Prashant Bhushan raised doubts over one of the members of the panel, who was a former DGP of a northeastern state, and said he was under a “conflict of interest” as he was a close friend of a high functionary who was likely to be under investigation.Bhushan’s views were backed by senior advocate Gopal Sankaranarayanan.Solicitor General Tushar Mehta, however, opposed the reconstitution of the committee and urged the apex court to ignore such allegations.The apex court formed the HPEC, headed by former top court judge R Subhash Reddy, to examine allegations of police excesses against student protesters during the Cockroach Janta Party (CJP)-led protest march on July 20 in Delhi and violence against police personnel.
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The committee comprises former Punjab and Haryana high court chief justice Ravi Shankar Jha, former Delhi high court judge Shalinder Kaur, former CBI director Rishi Kumar Shukla and retired Meghalaya DGP L R Bishnoi.“This HPEC has been constituted bearing in mind a wide variety of considerations, including the individual expertise and experience of each of its members, as well as the diversity of the committee, among other factors,” the bench had said.The July 20 march saw clashes between protesters and security personnel, who used lathis and teargas shells to disperse crowds.
