‘Right to peaceful protest cannot be denied’: CJI on police action against protesters

The Supreme Court on Monday observed that the right to peaceful protest is a constitutional guarantee that cannot be denied and indicated that it is considering evolving an all-India protocol to regulate peaceful demonstrations.

The observations came during the hearing of a batch of petitions alleging police excesses, including lathi-charge 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.

A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana said any proposed framework should ensure adequate space for peaceful demonstrations while enabling authorities to deal with anti-social elements.

"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.

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

The Bench said the issue warranted consideration at the national level and indicated that it was examining the possibility of laying down mandatory guidelines for 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, underscored that the constitutional right to 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.

The Bench also expressed concern over violence against police personnel during protests. Referring to a plea alleging attacks on police personnel and their families, Justice Joymalya Bagchi said, "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 petitions be listed for further hearing on Tuesday.

(With inputs from ANI)