The Supreme Court has reaffirmed that the Constitution guarantees the right to peaceful and lawful protest, emphasising that merely holding a demonstration does not warrant police use of force. This assertion was made during a hearing involving a bench comprising Chief Justice of India Surya Kant, Justices Joymalya Bagchi, and V Mohana. The court underscored that law enforcement agencies cannot resort to lathi-charges simply because individuals are demonstrating.

The Chief Justice stated, “The right to peaceful, lawful protest is without question guaranteed under the Constitution. As long as the agitation is peaceful, it cannot be met with a lathi charge merely for the existence of a protest.” He further indicated that any claims of excessive force employed by police should be impartially examined.

The court called for the establishment of uniform guidelines that govern police responses to public gatherings across the nation. CJI Kant remarked on the necessity for protocol that ensures appropriate space for protests without undue restrictions and acknowledged that addressing any anti-social activities during such demonstrations is also essential.

Claims of Police Excesses Examined

The bench was informed that families of police officers injured during protests had also filed petitions, highlighting incidents where officers were allegedly attacked. A representative for the families expressed, “The police officers were lynched! We need our voices to be heard.” The Supreme Court has allowed these claims to be considered in conjunction with other petitions addressing alleged police misconduct.

Justice Joymalya Bagchi remarked on the need for equal concern regarding injuries sustained by both police and protesters. He indicated that the state might need to clarify why adequate protective equipment was not provided to law enforcement officers for managing such incidents effectively. This emphasis on equitable treatment underscores the court’s recognition of the inherent value of all individuals regardless of their role in protests.

Advocate Fauzia Shakil, representing one of the petitioners, alleged that security forces used weapons such as AK-47s during unrest associated with the Bihar bandh. Such claims of excessive armament during crowd control have raised serious concerns regarding safety protocols in public demonstrations.

Upcoming Hearings on Police Actions During Protests

The Supreme Court has scheduled to hear all relevant petitions related to police actions on July 28. This includes cases regarding excessive force used against students protesting alleged examination paper leaks at various locations, including Jantar Mantar. These protests have been part of a broader movement advocating for transparency and accountability in the examination process.

On July 20, a substantial demonstration took place when the Cockroach Janata Party (CJP) led a march to the Parliament following weeks of protests and a hunger strike. Thousands of students participated, demanding the resignation of Union Education Minister Dharmendra Pradhan in light of the examination paper leak allegations and calling for reforms in the examination system.

During the march, protestors reportedly attempted to breach police barricades, leading to clashes with law enforcement. In response, security personnel deployed tear gas and conducted lathi-charges to disperse the crowd. Social media circulated several videos that appeared to show instances of police handling demonstrators forcefully. The Delhi Police justified their actions, claiming force was only used after certain segments of the protest became violent and engaged in stone-pelting.

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