SC: Right to peaceful protest protected; police excesses unjustified
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New Delhi: The Supreme Court on Monday observed that the Constitution protects the right to peaceful protest and that police cannot justify the excessive use of force against demonstrators merely because an agitation is underway.
“Just because there is an agitation does not mean there should be lathi-charge,” Chief Justice Surya Kant said, adding that “self evolved discipline is needed, which is essential to the democratic process.”
The remarks came while the court heard petitions alleging police used disproportionate force against protesters marching to Parliament on July 20 as part of a Cockroach Janta Party demonstration. Petitions also cited incidents in Bihar where police action reportedly injured demonstrators; three protesters were hurt after authorities opened fire in Siwan district.
Several petitions filed in the Supreme Court seek nationwide guidelines to regulate police conduct during protests, including a ban on deploying plainclothes personnel for crowd control and rules governing the use of prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita. Petitioners have also sought an independent inquiry into the police response to the July 20 march.
The bench noted that police officers were injured in the clashes as well. “Injury to individuals, be it policemen or students, is of equal concern,” the court said, adding that states should ensure adequate protective equipment, such as helmets, for personnel. The matters were listed for further hearing on Tuesday.
The protests began on June 6 at Jantar Mantar, led by the Cockroach Janta Party demanding the resignation of then-Education Minister Dharmendra Pradhan over alleged exam irregularities. On July 20, thousands marched toward Parliament two days after activist Sonam Wangchuk, who had been on a prolonged hunger strike, was taken to hospital. Police met the march with lathi-charges, tear gas and, according to several reports and victim accounts, pellet rounds, leading to dozens of injuries. The nationwide flare-up of demonstrations culminated in Pradhan’s resignation on Saturday.