The Supreme Court on Monday reaffirmed that the right to peaceful protest is a constitutional guarantee, observing that "mere agitation cannot justify police excesses", while agreeing to hear a batch of petitions alleging excessive use of force against students protesting over the alleged NEET paper leak and other examination irregularities.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana said it would hear the matter on Tuesday. The court also agreed to hear a separate petition filed by the family members of police personnel who were allegedly attacked during the protests.
"The right to peaceful protest is absolutely guaranteed. That cannot be denied. Merely because there is agitation cannot justify police excesses," CJI Surya Kant observed during the hearing.
Responding to submissions that police personnel were also assaulted during the demonstrations, the Bench stressed that the safety of every individual must be protected.
"Life of every individual irrespective of who they are is important," the court said.
The Supreme Court further emphasised the need for a uniform protocol governing public demonstrations 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, that can be taken care of. This is not a question of Delhi only. Uniformity of protocol is needed," the Bench observed.
The judges also remarked that the existence of a protest does not automatically warrant the use of force by law enforcement.
"Just because there is agitation does not mean there should be lathi charge," the Bench said.
Highlighting the importance of democratic values, the Chief Justice added:"Self-evolved discipline is needed, which is essential to the democratic process."
Solicitor General Tushar Mehta, appearing for the Centre, told the court that he would assist the Bench impartially.
The petitions stem from protests organised by students and youth groups across several states against the alleged NEET question paper leak. A protest march led by the Cockroach Janta Party (CJP) in Delhi on July 20 allegedly turned violent after clashes broke out between demonstrators and security personnel. Protesters alleged that police used lathis, tear gas shells, pellet guns, and batons embedded with nails to disperse the crowd, resulting in multiple injuries.
The protests were called off after Dharmendra Pradhan resigned as the Union Education Minister on Saturday. The Supreme Court is expected to hear all related petitions together on Tuesday.
