Supreme Court says right to peaceful protest is guaranteed, agitation cannot justify police excesses

The Supreme Court on Monday observed that the right to peaceful protest is absolutely guaranteed under the Constitution and said an agitation cannot be used to justify police excesses or a lathi chargeA bench headed by Chief Justice Surya Kant along with Justices Joymalya Bagchi and V Mohana said it would hear on Tuesday a batch of petitions alleging excessive police action against students protesting over the NEET paper leak and other examinationrelated irregularities across the countrySupreme Court stresses right to peaceful protestDuring the hearing the bench underscored the importance of safeguarding the constitutional right to peaceful protestThe right to peaceful protest is absolutely guaranteed That cannot be denied Merely because there is agitation cannot justify police excesses the Chief Justice observedThe bench also emphasised that the safety of every individual including both protesters and police personnel must be protectedThe life of every individual irrespective of who they are is important the bench said after a lawyer submitted that police personnel had also been assaulted during the protestsCourt calls for uniform protocolThe Supreme Court said there was a need for a uniform protocol to manage public demonstrations while protecting democratic rightsThere should be a protocol in place There should be proper space and no restriction But if there are some antisocial elements etc that can be taken care of This is not a question of Delhi only Uniformity of protocol is needed the bench observedThe Chief Justice further remarkedJust because there is agitation does not mean there is lathi charge selfevolved discipline is needed which is essential to democratic processThe court urged all parties to assist it during the hearingCentre to assist courtSolicitor General Tushar Mehta appearing for the Centre told the bench that he would assist the court dispassionatelyDuring the proceedings advocate Fauzia Shakil alleged that police in Bihar had used AK47 rifles during protests while senior advocate Vikas Singh submitted that several students were attacked in Bihar during the demonstrationsThe court did not comment on these allegations during the hearingPetitions relate to July 20 protestThe Supreme Court also agreed to hear a separate plea filed by family members of police personnel who were allegedly attacked during the protests along with the petitions filed by studentsThe petitions arise from the nationwide protests over the alleged NEET paper leak and other examination irregularitiesThe Cockroach Janta Party CJPled march in Delhi on July 20 witnessed clashes between protesters and security personnel after demonstrators attempted to march from Jantar Mantar towards Parliament Police used lathis and tear gas to disperse the crowdThe protesters had demanded the resignation of then Union Education Minister Dharmendra Pradhan over the NEET paper leak issueDelhi High Court also hearing related pleasMeanwhile the Delhi High Court on July 22 sought responses from the Centre and Delhi Police on two petitions alleging excessive use of force during the July 20 protestThe High Court also directed authorities to preserve all relevant evidence including CCTV footage and video recordings related to the police action pending further proceedingsWith inputs from PTI