Supreme Court Backs Right to Peaceful Protest
The Supreme Court has affirmed that peaceful and lawful protests are constitutionally protected, observing that the mere presence of an agitation cannot justify a lathi-charge or excessive police action against demonstrators.
Supreme Court Defends Peaceful Protests
Chief Justice of India Surya Kant made the oral observations while a bench comprising Justices Joymalya Bagchi and V Mohana considered petitions alleging excessive force against students protesting examination paper leaks.
The Chief Justice said any allegations of police excess must be independently examined. He also stressed the need for uniform protocols governing how police forces across the country respond to public demonstrations.
The observations were made during preliminary proceedings and do not constitute the court’s final ruling on the petitions.
Pleas Challenge Police Crowd Control
One petition seeks an independent investigation into the police response during the July 20 student protest in Delhi. It also requests restrictions on deploying plainclothes personnel for crowd-control duties and guidelines governing prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita.
The petitions allege that students participating in protests over examination irregularities were subjected to lathi-charges, tear gas and other coercive measures. These allegations remain subject to judicial examination.
Injuries to Police Also Considered
The bench permitted representatives of families of injured police personnel to participate in the proceedings. Justice Bagchi observed that injuries suffered by police officers and students were matters of equal concern.
He also raised questions about whether police personnel had been provided adequate protective equipment, including helmets, to manage large demonstrations safely.
The petitions are scheduled to be heard together on July 28. The court is expected to examine the allegations, the authorities’ response and the need for consistent nationwide standards balancing peaceful protest rights with public order and police safety.
