‘What and how much can the courts do?’, SC stays away from hearing on paper leak PIL; The decision on the action of Delhi Police is also “What and how much can the courts do?” SC withdraws hearing paper leaked PIL; also decides on Delhi Police action


Important activities are being seen on the judicial front regarding the paper leak cases that are continuously coming up in competitive examinations across the country and the struggle of the students. The Supreme Court has expressed its reluctance to consider at present a new Public Interest Litigation (PIL) filed to stop paper leaks and protect the interests of students. The top court, while commenting in a strict tone during the hearing, said that what and how much can the courts do in such cases?

What happened in the Supreme Court?

Justice P.S. The case was heard before the bench of Justice Narasimha and Justice Alok Aradhe. Senior advocate Vikas Singh, appearing for the petitioner, drew the court’s attention and argued that due to the leaking of papers of NEET and other major examinations, more than 2.5 crore students of the country have suffered serious mental and financial loss. On this the bench raised the question as to what are the limits of the court on a subject of this wide scope. However, the court clarified that it is already hearing the NEET-UG paper leak case, hence this new PIL is being postponed till next month.

Issues of rights and disadvantages of students have been raised in the petition

This PIL, filed by lawyer Ashwini Upadhyay, states that repeated paper leaks have pushed the youth into deep despair. Due to cancellation of exams, students not only have to face criticism regarding their career, but their entire year and financial capital also gets lost. The petition also argues that when state governments give assurances of conducting examinations on time and the same is breached, it is a direct violation of the students’ ‘right to equality’ under Article 14 of the Indian Constitution.

Delhi High Court refuses immediate hearing on police action

On the other hand, the Delhi High Court has refused to give an urgent hearing into the case of alleged ‘excessive force’ used by the police against the students during the ‘Sansad Chalo’ march of the ‘Cockroach Janata Party’ (CJP). Chief Justice D.K. Upadhyay and Justice Tejas Karia bluntly advised the petitioner not to drag the court into such administrative matters.

The petitioner had alleged that the police used brutal force during the Parliament march, resulting in injuries to several students and the death of Gitanjali J., wife of activist Sonam Wangchuk. Angmo was physically assaulted. However, Delhi Police has completely rejected these allegations of misconduct and termed the entire report as misleading. The court has directed to list this case on Wednesday as per regular procedure.