Right to peaceful protest guaranteed in Constitution, observes CJI, says agitation can’t justify police excess

NEW DELHI: Observing that the right to peaceful protest is a constitutional guarantee that cannot be denied, the Supreme Court on Monday indicated that it will consider evolving an all-India protocol governing peaceful protests.

The court also said the protocol should provide proper space for peaceful demonstrations while enabling authorities to deal with anti-social elements. The observations came during the hearing of a batch of pleas alleging police excesses, including lathicharge and the use of tear gas against students protesting over the alleged NEET-UG paper leak and other irregularities in the education and examination system.

Senior Advocates Gopal Sankaranarayanan, Colin Gonsalves and Vikas Singh appeared for separate petitioners seeking action against police personnel over the alleged attacks on students. On the other hand, a lawyer referred to a separate plea alleging brutal attacks on police personnel and their families by an unruly mob.

A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana observed that the issue required consideration on an all-India basis. “There should be a protocol when someone wants to agitate peacefully. Proper space for that. There is no impediment in that regard. But if there is any anti-social element that can be dealt with,” the CJI observed.

The court also indicated that it was considering laying down mandatory guidelines governing peaceful protests across the country. “It is a question of all India… this uniformity in protocol is also… Those who are responsible… what kind of mandatory guidelines… Self-discipline is integral to the entire process,” the CJI observed.

The court, however, made it clear that the constitutional guarantee of peaceful protest could not be diluted. “Right to peaceful protest is in the Constitution. Right to peaceful protest is absolutely guaranteed. That cannot be denied. Merely because there is agitation cannot justify police excess”, the CJI observed. At the same time, the court expressed concern over attacks on police personnel during the protests.

After a lawyer referred to a plea alleging brutal attacks on police personnel and their families, Justice Joymalya Bagchi observed, “Injury to police is of equal concern. We may call upon the State to respond why adequate safeguards were not provided…”

After hearing the parties, the Supreme Court directed that the batch of matters be listed for further hearing on Tuesday. (ANI)