Supreme Court: Right to Peaceful Protest is Guaranteed, Hearing on Police Excesses on July 28
The Supreme Court on Monday directed that petitions alleging police excesses during the July 20 crackdown on student protesters in Delhi be heard on Tuesday, July 28. Chief Justice of India Surya Kant emphasised that the Constitution guarantees the right to peaceful protest, while cautioning against any use of disproportionate force by authorities.
During the hearing, the Bench noted that as long as a protest remains peaceful, there should be no police excess. “If there is excess committed, it should be independently examined,” the CJI observed orally. The court was considering an urgent plea by a counsel representing families of police personnel who claimed they were assaulted during the protests. The counsel requested that the perspective of the police be heard, saying, “Protect the police as well in uniform.”
Justice Joymalya Bagchi raised concerns about whether adequate protective equipment and safeguards had been provided to police personnel deployed to manage large crowds. “We call upon the State to explain why adequate safeguards are not given to police personnel dealing with such large gatherings… adequate helmets should have been given,” he remarked. He stressed that injuries suffered by police officers and protesters deserve equal consideration, stating, “All injuries to individuals, be it a police officer or a protester, are of equal concern.”
The CJI also called for a uniform protocol to regulate police response during demonstrations. He noted that the mere fact of a protest does not justify the use of force. “There should be a protocol in place. Uniformity in protocol is required. Merely because there is agitation, it does not mean there should be a lathi charge. Discipline is integral to the democratic process,” he observed.
The Delhi Police has denied using pellet guns against the protesters during the July 20 operation. The Rapid Action Force (RAF), a specialised anti-riot unit, was deployed under the overall control of Delhi Police. The court will continue hearing the matter on July 28.
