The Supreme Court on Monday, July 27, observed that the right to peaceful protest is guaranteed, adding that police excesses on such demonstrations cannot be justified.
The top court has agreed to hear on Tuesday, July 28, a batch of petitions claiming police excesses against students protesting over NEET-UG paper leak and other issues across the country, PTI reported.
A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana stated that there should be a protocol in place and if “there is some anti-social elements etc that can be taken care of.”
The apex court has also agreed to take up a separate plea that has been filed by a few family members of those police personnel who were attacked during the protest, along with other listed petitions.
“The Right to peaceful protest is absolutely guaranteed. That cannot be denied. Merely because there is agitation cannot justify police excesses,” CJI Surya Kant said.
He called for self-evolved discipline during any such protests. “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 noted, according to Bar and Bench.
The petitioners have sought pan-India guidelines for ensuring peaceful protests are allowed. These were filed in connection with the recent protests and alleged use of force by police on agitators at Jantar Mantar in the national capital as well as in Bihar.
While appearing for one of the petitioners, Advocate Fauzia Shakil submitted that the security forces used AK-47 in Siwan during Bihar bandh.
Senior Advocate Vikas Singh raised similar concerns. “Bihar also had a lot of attacks on students. All India order is needed,” Singh said.
Justice Bagchi stated that life of every individual irrespective of who they are is important.
“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,” the CJI remarked.
Notably, the students protest at Jantar Mantar in Delhi, led by the Cockroach Janta Party (CJP), was called off on July 25 following Dharmendra Pradhan’s resignation as the Union Education Minister.