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The Supreme Court on Monday underscored that the Constitution guarantees the right to peaceful and lawful protest, observing that the mere fact that a demonstration is taking place cannot justify the use of force by the police.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana observed that peaceful protests are constitutionally protected and that law enforcement authorities cannot resort to lathi-charge solely because people are agitating. The bench further emphasised that any allegation of excessive police action must be impartially scrutinised, and said there was a need for uniform guidelines governing police response to public demonstrations/protests across the country. "Right to peaceful, lawful protest absolutely guaranteed under Constitution. So long as it is peaceful agitation, merely because there is agitation, there can't be lathi charge... If there is excess committed, it should be independently examined," said the CJI. "There should be a protocol in place. There should be proper space and no restriction. But if there is some anti-social elements etc. that can be taken care of. This is not a question of Delhi only. Uniformity of protocol is needed," CJI remarked. Families of police officers who were injured also approached the apex court saying policemen were kicked and lynched. "The police officers were lynched! We need to also be heard," lawyer said. The bench allowed their application to be listed along with other petitions alleging police excesses by the police during the protest. The bench also said "life of every individual irrespective of who they are is important". Justice Joymalya Bagchi said, "Injuries suffered by police personnel and protesters deserve equal concern. State may be called upon to explain why adequate equipment not given to police to handle such..." Advocate Fauzia Shakil, appearing for one of the petitioners, told the bench that security forces used AK 47 and other weapons during Bihar bandh. The apex court said it will hear all the pleas together on July 28. The observations of the top court as it was hearing a batch of petitions relating to alleged police excesses against students protesting examination paper leaks. Several pleas were filed alleging excessive police action against students who participated in protests at Jantar Mantar and other places across the country over examination paper leaks. The July 20 Parliament march, organised by the Cockroach Janata Party (CJP) after weeks of protests and a hunger strike at Jantar Mantar, drew thousands of students who attempted to march towards Parliament demanding the resignation of Union Education Minister Dharmendra Pradhan over alleged examination paper leaks and broader reforms to the examination system. As demonstrators attempted to breach several police barricades in central Delhi while marching towards Parliament, security personnel used tear gas shells and carried out a lathi-charge to disperse the crowd. Several videos shared on social media purportedly showed protesters being manhandled by police. The Delhi Police, however, defended its action, stating that force was used only after sections of the crowd turned violent and allegedly engaged in stone-pelting. (ANI)
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