A government may negotiate the end of a protest. It cannot, through the same negotiation, bring a criminal case to an end.

This distinction lies at the centre of the controversy following the negotiations by the Cockroach Janta Party last weekend to end the nationwide student protests over alleged irregularities and question-paper leaks in the national examination for places in medical colleges.

The agitation by the satirical campaign had intensified on July 20, when protesters attempted to march to Parliament, demanding the resignation of the education minister. Students accused the police of using excessive force. The police alleged that stones were thrown and personnel were attacked.

Criminal cases, including cases alleging rioting, were registered in Delhi and several states.

When the Cockroach Janta Party called off its protest on Saturday, it said that the government had promised that no punitive action would be taken against protesters in states governed by the Bharatiya Janata Party or its allies and that the criminal cases would be withdrawn.

Shortly after, Bihar, Assam, West Bengal and Maharashtra said they would begin steps to withdraw the cases against protestors and release those who had been detained.

Supreme Court interim order

An apparent contradiction emerged on July 28, when the Supreme Court permitted the investigations to continue but directed that no coercive action should be taken against protesting students with no previous criminal records. In simple terms, the police could continue collecting evidence but the protected students could not be arrested for the time being.

How can investigations continue after the government promises to withdraw cases? The answer lies in what a first information report actually does within the criminal process

A first information report is the formal record prepared by the police when they receive a complaint alleging that a cognisable offence has been committed.

In cases involving cognisable offences, the police may begin investigating........

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