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An agitation cannot justify “police excesses” or a ‘lathi charge’, the Supreme Court said on July 27, Monday, while observing that the right to peaceful protest is absolutely guaranteed.
A bench headed by Chief Justice Surya Kant also said it will hear on Tuesday a batch of pleas alleging police excesses against students protesting over NEET paper leak across the country and other exam irregularities.
Besides, the bench, also comprising Justices Joymalya Bagchi and V Mohana, agreed to take up a separate plea filed by a few family members of those police personnel who were attacked during the protest along with other listed petitions.
“The right to peaceful protest is absolutely guaranteed. That cannot be denied. Merely because there is agitation cannot justify police excesses,” the CJI said.
The life of every individual irrespective of who they are is important, the bench asserted when a lawyer said police personnel were also beaten up.
“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 said.
“Just because there is agitation does not mean there is ‘lathi charge’… self-evolved discipline is needed which is essential to democratic process,” the CJI said and urged parties to assist the bench.
Solicitor General Tushar Mehta, appearing for the Centre, said he will assist the court dispassionately.
