The Supreme Court on Monday underscored that the right to peaceful and lawful protest is protected under the Constitution, observing that the mere existence of a public demonstration cannot justify a police lathi-charge.
A Bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana made the observations while hearing the mentioning of a batch of petitions alleging excessive police force against students who participated in protests over alleged examination paper leaks and education-related issues.
CJI: Peaceful Agitation Cannot Be Met With Excessive Force
During the proceedings, CJI Surya Kant orally observed that peaceful protests are a fundamental democratic right and that allegations of police excess deserve independent scrutiny.
“The right to peaceful, lawful protest is absolutely guaranteed under the Constitution. So long as it is a peaceful agitation, merely because there is agitation, there cannot be excessive force. If excess has been committed, it should be independently examined. Uniformity in police protocol is required. Merely because there is agitation does not mean there should be a lathi-charge. Discipline is integral to the democratic process,” the CJI remarked.
The Bench also noted that the matter extends beyond Delhi and raises broader questions about police protocols for handling public demonstrations across India.
Court Stresses Protection for Both Protesters and Police
The Supreme Court allowed counsel representing families of police personnel injured during the protest to participate in the proceedings.
Justice Joymalya Bagchi observed that injuries suffered by both protesters and police personnel deserve equal consideration.
The Bench also indicated that governments may be asked to explain whether police personnel were provided with adequate protective equipment, including helmets, while managing demonstrations.
Petitions Seek Probe Into July 20 Police Action
The petitions relate to the police action during the July 20 student protest at Jantar Mantar, where demonstrators marched towards Parliament demanding reforms in the education system and accountability over alleged examination irregularities.
Petitioners have sought:
- An independent investigation into allegations of excessive police force.
- Guidelines regulating police action during peaceful protests.
- A ban on deploying plainclothes personnel for crowd-control operations.
- Standard operating procedures for imposing prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
- Safeguards against the misuse of Section 152 of the Bharatiya Nyaya Sanhita (BNS) in cases involving peaceful dissent.
The petitions also seek implementation of the Supreme Court’s earlier police reform directions and the establishment of independent Police Complaints Authorities.
Allegations Raised Before the Court
The petitioners have alleged that protesters were subjected to baton charges, tear gas, large-scale detentions and other coercive measures during the July 20 demonstration. The pleas also raise concerns regarding alleged misconduct against women protesters, the use of unidentified or plainclothes personnel, and restrictions such as metro closures and internet disruptions.
The petitions argue that these issues raise significant constitutional questions concerning freedom of speech, peaceful assembly, police accountability and the regulation of public protests.
Matter to Be Heard Together
The Supreme Court directed that all related petitions concerning the alleged police action be heard together. The matter is scheduled for further hearing on Tuesday, when the Court is expected to examine the issues in greater detail.
