New Delhi: The Supreme Court on Monday underscored that peaceful protest is a constitutionally guaranteed right and added that an agitation alone cannot justify a lathi charge or violent response.
A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana made these observations while counsel mentioned a batch of pleas alleging excessive use of police force against students participating in protests over the issue of examination paper leaks
The bench observed that allegations of police excess should be independently examined and emphasised the need for uniform police protocols for handling demonstrations nationwide.
The CJI said, “The right to protest, a peaceful protest, is guaranteed under the constitutional scheme. That can’t be denied, so long as it is a peaceful agitation. Merely because there is an agitation, there can't be excesses…”.
ఇవి కూడా చదవండి
A counsel said he is representing family members of policemen who were brutalised during the students’ protest and that videos are circulating showing them being kicked and lynched literally.
“All injury to an individual…is of equal concern,” said Justice Bagchi. The bench also referred to the SOP and asked why adequate safeguards were not provided to police who had to deal with these sorts of large protests. “Adequate number of helmets…there should be a protocol in place. Suppose youth want to agitate on an issue. They have a right to agitate. They should be provided proper space; there should not be any restriction on that. But if some anti-social element has done anything wrong, that of course can be taken care of,” observed the bench.
Solicitor General Tushar Mehta, representing the Centre, said all matters could be taken up tomorrow, to which the CJI agreed.
“Please do not take it as adversarial litigation…if excesses committed, will be looked into, who is the person responsible. What kind of excesses have been committed and what are preventive measures and mandatory guidelines in future to ensure”, said the CJI.
