Q. What have Bihar and Assam announced?

On Monday, Assam announced that it would withdraw cases registered against those who participated in the NEET protests. The state said five cases had been registered and 13 people arrested. The government said no adverse legal action would be initiated against those involved in the protests and that the process of withdrawing pending cases, regardless of the stage of investigation, would begin in accordance with law. It also said those arrested or detained would be reviewed for release expeditiously.

Bihar issued a similar announcement, stating that no punitive or retaliatory action would be taken, existing FIRs, complaints and showcause notices would be withdrawn, those detained or arrested would be released and no further legal action would follow. Neither state has publicly detailed the legal procedure it will adopt. However, legal experts say one option available to the police is to file closure reports before the competent court, stating that the case need not proceed.

Maharashtra is yet to make an announcement. Officials said the issue is likely to come up before the state Cabinet on Tuesday.

Q. Can an FIR simply be withdrawn?

Not always. After registering an FIR, police ordinarily investigate the case and either file a chargesheet if they find sufficient evidence or submit a final report recommending that no case be pursued. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), police can conclude that there is insufficient evidence to proceed and submit a report before the competent court. The court then decides whether to accept the closure.

If a chargesheet has already been filed, however, the process becomes longer. In such cases, the prosecution must move the court seeking withdrawal under Section 360 of the BNSS, and the court must approve the request.

Q. Why could the process take longer in Maharashtra?

Maharashtra has previously withdrawn FIRs filed against participants in political and social protests through Government Resolutions (GRs), but the process has been far from immediate. The existing GR lays down eligibility criteria, including that the protest should not have resulted in loss of life or damage to public or private property exceeding Rs 5 lakh. It also requires scrutiny by a committee comprising police and prosecution officials before cases are recommended for withdrawal.

If this route is followed, the investigation ordinarily continues. Police record statements, issue notices and complete the probe before filing a chargesheet. Those named in the FIR must then appear before court, after which the committee examines each case and recommends whether it should be withdrawn.

Based on that recommendation, the prosecutor moves the court seeking withdrawal. Lawyers say this procedure has caused significant delays in the past and the experience of earlier protests illustrates this. FIRs registered against Aarey protesters in 2019 were closed only in 2021 after the prosecution sought withdrawal before the court. Similarly, cases registered in 2020 against activists and lawyers protesting the attack on JNU students and the Citizenship (Amendment) Act were closed only in 2023 after the state issued a GR in 2022 and the committee recommended withdrawal.

Q. What are the protesters asking for now?

Lawyers representing students involved in the NEET protests say the Centre’s assurance should translate into immediate legal relief. Instead of waiting for investigations to conclude and chargesheets to be filed, they want states to issue directions enabling police to file closure reports before courts at the earliest, ensuring that notices, summons and further investigative steps are halted immediately.