The Supreme Court of India has unequivocally stated that the right to peaceful protest is “absolutely guaranteed” and cannot be denied. This assertion came as a bench, led by Chief Justice Surya Kant, agreed to hear petitions alleging police excesses against students protesting at Jantar Mantar over the recent NEET paper leaks.
No Justification for Police Excesses During Agitation
Chief Justice Surya Kant underscored the court's stance, remarking, “Merely because there is agitation cannot justify police excesses.” The bench, which also included Justices Joymalya Bagchi and V Mohana, acknowledged the importance of every individual's life while discussing claims of police personnel being assaulted during protests.
The court called for a standardized protocol to manage protests across the country. “There should be a protocol in place. There should be proper space and no restriction. But if there are some anti-social elements etc that can be taken care of. This is not a question of Delhi only. Uniformity of protocol is needed,” the bench observed, highlighting the need for a balanced approach that protects both protesters' rights and public order.
Political Reactions and Allegations
The ruling follows a period of significant public and political discourse surrounding the student protests. On July 21, the Congress party condemned the police action against student protesters as a “shameful chapter,” asserting that those responsible would be held accountable to the 'lathi' (stick) of the Constitution.
The Cockroach Janta Party (CJP) also accused the Delhi Police of employing excessive force to prevent demonstrators from reaching Parliament, claiming several students were injured and activist Sonam Wangchuk's wife, Gitanjali J Angmo, was manhandled. The Delhi Police, however, refuted these allegations, labeling reports of Angmo's assault as “completely false and misleading.”
The Supreme Court's decision reaffirms a critical democratic right and calls for greater accountability and clearer guidelines for law enforcement agencies when handling public demonstrations.