Why is CJP threatening fresh protests after Supreme Court’s interim order on existing FIRs against protestors?

The Cockroach Janta Party (CJP) on Tuesday accused the government of “politicising the Supreme Court” following an interim order allowing authorities to continue investigating the FIRs registered during the nationwide student protests over paper leaks.

Reacting to the top court’s interim order, CJP spokesperson Saurav Das said the order was contrary to the protest assurances given by the government.

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“The Supreme Court cannot be politicised for government’s gains. Its orders cannot be weaponised to achieve those gains. A solemn guarantee was given before the nation. Those ought to be honoured. All FIRs ought to be withdrawn. If criminals roamed, police must apply for cancellation of bail in their old cases. Must also answer why they were roaming so freely in society. But government can’t use this excuse to pursue FIRs so it can later target genuine protesters. If given this leeway, the government will, of course, use it,” he said on X.

While directing authorities that no coercive action be taken against protesters involved in the recent youth-led agitation spearheaded by the Cockroach Janta Party (CJP) at Jantar Mantar and various other states, a Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana ordered the immediate release of minors detained by police across different states.

However, the Court refused to grant this protection to those with criminal backgrounds. The CJI-led Bench also refused to stay the investigation into the FIRs already registered in connection with the protests.

“The NCT of Delhi and other States may proceed with the investigation of the FIRs registered; however, no coercive measures shall be taken against the protesting students. Such protection, nonetheless, shall not be extended to the persons with criminal antecedents. All States are hereby instructed to release children under the age of 18, who have been reported to be arrested or detained in connection with the ongoing protests and who do not possess any criminal antecedents,” the order said.

After the top court’s order, the government representatives told the CJP that since the matter is sub judice, they can’t give written assurances on withdrawing the cases already filed against the protesters.

“The Supreme Court today passed an order that contains one line, saying that any existing FIRs may continue to be investigated by the government. Now, the government representatives we met in the evening are telling us that the matter is sub judice. So far, they have not given us that written assurance. They are now using that order and trying to go back on the guarantees they gave to the youth of this country,” he said.

Why has CJP raised objections to the Supreme Court’s interim order?

According to Das, Direction No. 4 of the Supreme Court’s interim order in the batch of PILs related to the CJP protest permits governments to proceed with existing FIRs and carry out investigations.

“This direction stands in direct contradiction to the solemn assurance and guarantee extended by the Government of India to the youth of this nation on 25 July 2026, namely, that the FIRs would be withdrawn and that no protester would be directly or indirectly targeted for participating in the peaceful movement,” he said.

The CJP spokesperson said that the Centre and the BJP-ruled states may weaponise this order to continue the FIRs against individual protesters and subject them to “great harassment.”

“This was precisely our concern from day one: that courts could be used, directly or indirectly, to achieve political ends by targeting peaceful dissent,” he said.

He also raised questions over the government’s decision not to oppose the interim order despite being fully aware of the assurances given to the CJP on July 25.

Rejecting the court’s “uninformed order”, Das further added that the government must not use it to justify its stand of not withdrawing the FIRs filed against the protesters.

“In any event, nothing in the interim order prevents the Government of India or the concerned BJP/NDA-ruled State Governments from withdrawing the FIRs or deciding not to proceed against peaceful protesters, like done by Bihar and Assam governments. The power to withdraw or not pursue such cases continues to rest with the executive. The court has not mandated that governments must definitely continue with the FIRs. That would be a deliberate misreading. The Government must not invoke the Court’s order as a justification for reneging on the commitment it made on 25 July,” he said.

A warning to government

The CJP leader threatened to launch another nationwide protest if the government does not honour the agreement.

He demanded that the government place before the Supreme Court the terms of the assurances given to them during the pending proceedings, allowing the CJI-led Bench to make an “informed decision”.

“The youth of India entered into this understanding in good faith. That good faith must not be betrayed. Institutions of constitutional importance must never be politicised and weaponised to not honour the guarantees.,” he reiterated.

If the government failed to do so, he declared, the “Cockroach Janta Party will have no option but to resume its nationwide protest to protect the students and young protesters who stood up not for themselves alone, but for the future of this nation.”

“A government that breaks its word cannot expect the youth to remain silent. If the guarantees are dishonoured, the streets of India will once again become the voice of its young,” he concluded.