Mere agitation can't justify police excess, says SC on student protests

The Supreme Court said peaceful protest is a constitutional right and observed that mere agitation cannot justify a lathi-charge, while hearing pleas seeking uniform guidelines for protests

The Supreme Court (SC) on Monday said the right to hold peaceful protests is protected under the Constitution and that police excesses during such demonstrations cannot be justified, Bar and Bench reported.

 

A Bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana also stressed that every life, including that of police personnel, is equally important.

 

"Right to peaceful protest is absolutely guaranteed. That cannot be denied. Merely because there is agitation cannot justify police excess," the CJI said.

 

The Bench also called for discipline during protests, saying it is essential in a democracy. "Just because there is an agitation does not mean there should be lathi charge. Self-evolved discipline is needed which is essential to democratic process," the CJI remarked, as quoted by the news report.

 

 

Court hears plea for nationwide protest guidelines

 

The observations came while the court was hearing a batch of petitions seeking nationwide guidelines to ensure peaceful protests can take place without unnecessary restrictions.

 

The petitions were filed after allegations of excessive police force during protests at Jantar Mantar in Delhi and during demonstrations in Bihar.

 

Advocate Fauzia Shakil, appearing for one of the petitioners, alleged that security forces used AK-47 rifles during the Bihar bandh in Siwan. Senior Advocate Vikas Singh, representing another petitioner, also raised concerns over police action in Bihar.

 

"Bihar also had a lot of attacks on students. All India order is needed," Singh said.

 

At the same time, another lawyer urged the court to also consider the injuries suffered by police personnel during protests.

 

Justice Bagchi responded, "Life of every individual irrespective of who they are is important."

 

SC calls for uniform protocol

 

The Bench said there should be a clear and uniform protocol to manage protests across the country.

 

"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.

 

Solicitor General Tushar Mehta told the court, "We will assist the court dispassionately."

 

The court directed that all petitions related to the issue be taken up together on Tuesday.

 

Delhi and Bihar protests

 

The petitions were filed after recent protests in Delhi and Bihar led to allegations of excessive police action.

 

The protests at Jantar Mantar began in June after the online collective Cockroach Janta Party (CJP) called for protests against repeated question paper leaks and demanded the resignation of then Education Minister Dharmendra Pradhan.

 

The movement gained wider attention after climate activist Sonam Wangchuk joined the protest and began a hunger strike in support of the demonstrators. The Delhi Police later shifted him to a hospital, citing his deteriorating health. Wangchuk ended his 26-day hunger strike at Medanta Hospital on July 23.

 

The protests continued with a "Sansad Chalo" march to Parliament on July 20. Police had said no permission had been granted for the march. As large crowds gathered, clashes broke out, and protesters alleged that police used lathi charges, tear gas and other force against student demonstrators.

 

Dharmendra Pradhan resigned as Education Minister on July 25, following which the Jantar Mantar protest was called off.