Mere agitation cant justify lathicharge: SC on police crackdown over CJP protesters at Jantar Mantar
The top court has also agreed to hear separate plea alleging police personnel were beaten up during protests on NEET paper leak.
PTC News Desk: The Supreme Court on Monday explicitly asserted that the right to peaceful protest is "absolutely guaranteed" under the Constitution, underlining that there can't be lathicharge just because there is an agitation.
A Bench led by Chief Justice of India (CJI) Surya Kant said that it was equally concerned about injuries inflicted to the protesters and stressed that “self-imposed discipline” by protesters and police personnel was integral to a functioning democracy.
"The right to peaceful, lawful protest absolutely guaranteed under the Constitution. So long as it is peaceful agitation, merely because there is agitation, there can't be lathicharge," the top court said.
The top court has also agreed to hear separate plea alleging police personnel were beaten up during protests on NEET paper leak.
"Police excesses must be inquired into. The government must explain why adequate gears were not provided to police who were injured in protests," the top court said, adding it will consider pan-India uniform guidelines on the issue.
The protest over alleged irregularities in major examinations turned violent in Delhi after riot police baton-charged demonstrators who tried to march towards Parliament. Videos from near Jantar Mantar showed police in riot gear charging at protesters, who were seen running for safety.
Several petitions have since been filed seeking an independent investigation into the police action. The petitions also demand the preservation of CCTV footage, body-camera recordings, and other electronic evidence, along with compensation for protesters who were injured.
Following the police action, protests intensified in Delhi and spread to other parts of the country.
Opposition parties backed the protesters and disrupted proceedings in the Lok Sabha, insisting that no discussion would take place until Education Minister Dharmendra Pradhan resigned.
Leader of the Opposition Rahul Gandhi alleged that police used pellet guns against some protesters during the July 20 demonstration. After meeting an injured protester in hospital, he claimed that thousands of students had been baton-charged, beaten, and targeted with pellet guns.
However, Delhi Police denied using pellet guns during the protest. The Central Reserve Police Force (CRPF) has not publicly responded to allegations involving its Rapid Action Force personnel.
On Monday, Rahul Gandhi further accused the government of using excessive force against students across different states. He claimed that AK-47 bullets had been fired at protesting students in Bihar and that hundreds of students had been arrested and booked in police cases.
The 36-day protest, led by the Cockroach Janta Party, ended on Saturday after the government accepted several key demands of the protesters and Dharmendra Pradhan resigned as the Education Minister.