Experts Clarify That Criminal Cases Must Follow Statutory Procedure Despite Government Assurances

Legal experts have stated that an assurance given by the Central Government that no punitive action would be taken against student protesters does not, by itself, override the statutory procedures governing criminal investigations and the withdrawal of First Information Reports (FIRs).

The clarification comes after the Supreme Court of India, through an interim order, permitted State authorities to continue investigating FIRs registered against student protesters.

According to the report, the Cockroach Janta Party (CJP) argued that the Court's interim order was inconsistent with the Centre's assurance that no punitive action would be taken. Legal experts, however, emphasised that criminal proceedings are governed by law and cannot be halted solely on the basis of executive assurances.

Government Assurances Do Not Automatically Cancel FIRs

Legal experts explained that once an FIR has been registered under Indian criminal law, it does not automatically become invalid because of a government statement or policy assurance.

Instead, the criminal justice system requires statutory procedures to be followed before a case can be closed or withdrawn.

This reflects the principle that criminal investigations are regulated by law and remain subject to judicial oversight.

What Happens After an FIR Is Registered?

According to the experts quoted in the report, several legal pathways may be available after registration of an FIR.

These include:

• The investigating agency may continue its investigation.
• If investigators conclude that there is insufficient material to proceed, they may file a closure report before the competent court.
• A Public Prosecutor may seek withdrawal from prosecution in accordance with applicable legal provisions.

However, neither course automatically ends the proceedings.

Courts Retain the Final Authority

The report notes that even where a closure report is submitted or a prosecutor seeks withdrawal, the court is not bound to accept those requests.

The court may:

• Accept the closure report.
• Reject the closure report.
• Reject an application seeking withdrawal from prosecution.
• Direct further or fresh investigation if considered legally appropriate.

Accordingly, judicial oversight remains an important safeguard throughout the criminal process.

Supreme Court Allowed Investigation to Continue

According to the report, the Supreme Court's interim order permits State authorities to continue investigating the FIRs registered against the student protesters.

An interim order is a temporary judicial direction issued while the underlying legal proceedings remain pending.

The report does not indicate that the Court has made any final determination regarding the legality of the FIRs or the merits of the underlying allegations.

Criminal Procedure Operates Independently of Political Assurances

Legal experts emphasised that executive assurances and criminal procedure operate within different legal frameworks.

While governments may make policy statements regarding enforcement priorities, statutory provisions governing criminal investigations continue to apply unless modified through lawful legal procedures.

This distinction is intended to preserve the rule of law and ensure that criminal cases proceed according to established legal processes.

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Legal Proceedings Continue Under Judicial Supervision

The report highlights that the continuation, closure or withdrawal of criminal proceedings ultimately remains subject to statutory provisions and judicial scrutiny.

Until the competent court passes appropriate orders under applicable law, the FIRs remain part of the legal process.

The report does not discuss the merits of the allegations against the student protesters, and the ongoing investigations have not resulted in judicial findings on guilt or innocence.