Supreme Court Takes Up Pleas Against Alleged Police Excesses on Peaceful Protesters: CJI Affirms Constitutional Right

The Supreme Court on Tuesday is hearing pleas that allege police brutality against protesters in Delhi's Jantar Mantar area and elsewhere. The cases stem from protests held between July 20 and July 25, mainly by students and activists demanding action on NEET exam irregularities.

During Monday's hearing, Chief Justice of India Surya Kant stated: "Right to protest, peaceful protest, lawful protest, is absolutely guaranteed under the constitutional scheme. So long as there is a peaceful agitation, merely because there is an agitation, there can't be excesses." He further added that a proper protocol should be in place to provide space for protesters, while anti-social elements can be dealt with separately.

The petitions, including one by Rashtriya Janata Dal Rajya Sabha MP Manoj Jha, seek directions to all states and Union Territories to register First Information Reports (FIRs) against alleged disproportionate police action. They also demand a Special Investigation Team (SIT) comprising the Director General of Police and two senior women IPS officers, guided by a retired High Court judge and monitored by the Supreme Court, to probe the incidents.

The three-judge bench led by the Chief Justice of India is expected to examine whether the police used excessive force against peaceful demonstrators. The court's remarks underline the constitutional guarantee of peaceful assembly and protest, while also cautioning against unlawful activities.

The incident in question occurred on July 20 at Tolstoy Marg, where police used batons to disperse protesters. Visuals from the scene showed lathi charge, prompting widespread criticism. The petitioners argue that the police action was disproportionate and violated fundamental rights.