Supreme Court says peaceful protest is a constitutional right, questions police excesses

New Delhi: The Supreme Court on Monday said the right to peaceful protest is constitutionally protected and that police excesses on such agitations cannot be justified.

Mere agitation cannot justify a lathi-charge, Chief Justice of India (CJI) Surya Kant observed, speaking for a three-member bench during the mentioning of a batch of petitions alleging excessive police force against students protesting nationwide over examination paper leaks.

"If excess is committed (by police), it should be independently examined," the CJI remarked verbally. "It's not only a case of Delhi. Uniformity in protocol is required. Mere agitation there doesn't mean a lathi-charge. Self-evolved discipline is needed, which is essential to the democratic process."


The clutch of petitions will be heard on Tuesday.

The bench also allowed the request of a counsel appearing for families of policemen injured during the incident to participate in the proceedings.

"Injury to an individual, whether a policeman or a student, is of equal concern," Justice Joymalya Bagchi remarked orally. "We may ask the state why adequate equipment was not given to the police to handle such situations... they should have helmets."

Counsels of the petitioners claimed that security forces used AK-47 automatic gun during student protests in Siwan, Bihar. The counsels demanded an "all India order."

Appearing on behalf of the Centre, solicitor general Tushar Mehta said the government will assist the court dispassionately in the matter.

One of the petitions sought directions to regulate police action during public protests, including banning the deployment of plainclothes personnel for crowd-control duties, establishing guidelines governing the use of prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), and ordering an independent probe into the police action during students' march to parliament on July 20.

"The current generation of youth is experiencing deprivation, unemployment, expensive education, loneliness, and a sense of alienation and betrayal by their own government within their own country," the plea stated. "They are presenting their legitimate demands to the government in a peaceful manner. However, in return, they are receiving lathi charges, tear gas, pellet guns, and outrage against the modesty of female students peacefully protesting. Day by day, the government is becoming increasingly cruel toward these protests. The atrocities committed on July 20 against students protesting peacefully are no less than the atrocities of the Jallianwala Bagh."