New Delhi, July 27 (NVI) “Merely because agitation (is) there doesn’t mean lathidecharge,” the Supreme Court said today while underlining that the right to peaceful protest is a constitutional guarantee that cannot be curtailed.
The top court said that while citizens have every right to protest peacefully, authorities must also have a clear framework to deal with anti-social elements attempting to disrupt such gatherings.
The observationsby a three-judge bench, headed by Chief Justice of India Surya Kant and including Justices Joymalya Bagchi and V Mohana, came during the hearing of a batch of petitions which alleged police excesses against students protesting over the NEET-UG paper leak and other irregularities in the education and examination system.
The Bench said the Constitutional protection available to peaceful protests cannot be diluted merely because demonstrations take place.
“If there is excess committed, it should be independently examined. It’s not only a case of Delhi. Uniformity in protocol required. Merely because agitation there doesn’t mean lathi-charge. Discipline is integral to democratic process,” the Chief Justice said.
“There should be a protocol when someone wants to agitate peacefully. Proper space for that. There is no impediment in that regard,” he said.
“But if there is any anti-social element that can be dealt with,” the Chief Justice said.
The bench also indicated that it was examining the possibility of introducing mandatory guidelines applicable across India for organising and regulating peaceful protests.
Emphasising the need for discipline during demonstrations, the CJI further remarked, “It is a question of all India… this uniformity in protocol is also… Those who are responsible… what kind of mandatory guidelines… Self-discipline is integral to the entire process.”
Reiterating the legal position, the CJI said, “Right to peaceful protest is in the Constitution. Right to peaceful protest is absolutely guaranteed. That cannot be denied. Merely because there is agitation cannot justify police excess.”
The court’s remarks came in response to allegations that police used excessive force, including lathi charges and tear gas, against students participating in protests over the alleged NEET-UG paper leak.
Senior Advocates Gopal Sankaranarayanan, Colin Gonsalves and Vikas Singh appeared on behalf of different petitioners, urging the court to direct action against police personnel accused of using force against student protesters. The petitions contend that the police response during the demonstrations violated the protesters’ constitutional rights and amounted to excessive use of force.
While expressing concern over the allegations against the police, the Bench also acknowledged complaints regarding attacks on law enforcement personnel during the protests.
A lawyer appearing in the matter referred to a separate petition alleging that an unruly mob had brutally attacked police personnel and even targeted their family members.
Responding to the submission, Justice Joymalya Bagchi observed, “Injury to police is of equal concern. We may call upon the State to respond why adequate safeguards were not provided…”
After hearing all parties, the Supreme Court directed that the batch of petitions be listed for further hearing tomorrow. (NVI)
