New Delhi: 27 july: The Chief Justice of India Surya Kant today orally observed that the right to peaceful and lawful protest is constitutionally protected and that mere agitation cannot justify a lathi-charge.
A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohanamade the observations on mentioning of a batch of petitions before the Supreme Court, alleging excessive use of police force against students participating in protests across the country over the issue of examination paper leaks.
The Court further observed that allegations of police excess should be independently examined and stressed the need for uniform police protocols for handling demonstrations across the country.
CJI Kant orally observed, “Right to peaceful, lawful protest absolutely guaranteed under Constitution. So long as it is peaceful agitation, merely because there is agitation, there can’t be [excess]…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 integral to democratic process.”
The Court also allowed request of a counsel, appearing for families of policemen injured during the incident, to participate in the proceedings. Justice Bagchi orally observed, “Injury to individual, be it to policemen or [students], is of equal concern. We may call upon state to concern why adequate equipment not given to police to handle such…they should have helmets”
Courtesy: Live Law
