Guwahati: The Supreme Court on Monday observed that the right to peaceful protest is a fundamental constitutional guarantee and said police action cannot be justified solely because agitations are taking place.
A Bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and V Mohana, agreed to hear the petitions on Tuesday. The court also decided to consider a separate plea filed by families of police personnel who were allegedly injured during the protests along with the students’ petitions.
“ The right to peaceful protest is absolutely guaranteed. That cannot be denied. Merely because there is agitation cannot justify police excesses,” Chief Justice Surya Kant remarked during the hearing.
Responding to concerns raised over alleged attacks on police personnel during demonstrations, the Bench said the safety and dignity of every individual must be protected. “Life of every individual irrespective of who they are is important,” the court observed.
The Bench called for a nationwide framework to regulate public protests, stressing the need to maintain a balance between democratic freedoms and law-and-order requirements. It said there should be designated spaces for protests while ensuring that anti-social elements are dealt with separately.
“This is not a question of Delhi only. Uniformity of protocol is needed,” the court said, adding that protests alone cannot become a reason for the use of force. The Chief Justice also noted that “self-evolved discipline” among protesters is an important part of the democratic process.
The court urged all sides involved in the matter to assist it in an “inadversarial manner”. Solicitor General Tushar Mehta, representing the Centre, assured the Bench that he would provide assistance without taking an adversarial approach.
The petitions were filed over allegations of police excesses during student-led protests against the alleged NEET paper leak and other examination-related irregularities. Students across several states had organised demonstrations demanding accountability and action from authorities.
One of the incidents highlighted before the court was the July 20 protest march in Delhi organised by the Cockroach Janta Party (CJP), where clashes reportedly took place between protesters and security personnel. Police allegedly used lathis and tear gas to stop demonstrators who were attempting to march towards Parliament.
The protesters had demanded the resignation of then Union Education Minister Dharmendra Pradhan over the NEET paper leak controversy. The Supreme Court had earlier agreed to hear the pleas and scheduled further proceedings for Tuesday.