New Delhi, July 27, KNT: The Supreme Court has observed that the right to peaceful protest is a constitutional guarantee and that the mere existence of an agitation cannot be used to justify alleged police excesses against demonstrators.
A Bench headed by Chief Justice of India Surya Kant made the observations while hearing a matter concerning allegations of police action during a students’ protest. The court also indicated that there is a need for a uniform protocol across the country to facilitate peaceful demonstrations while empowering authorities to act against anti-social elements attempting to disrupt them.
“Right to peaceful protests 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 during the hearing.
At the same time, the Bench expressed concern over allegations of attacks on police personnel during protests. Referring to submissions about injuries suffered by police personnel and alleged attacks on their families by an unruly mob, Justice Joymalya Bagchi remarked that injuries to police officers were equally a matter of concern and suggested that the State may be asked to explain whether adequate safeguards had been provided.
The Chief Justice further stressed the need for a standard protocol governing peaceful protests across the country.
“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,” he observed.
The Bench noted that the issue required an all-India approach and spoke of evolving mandatory guidelines to ensure uniformity in handling peaceful protests.
“It’s a question of all India… this uniformity in protocol is also… Self-discipline is integral to the entire process,” the CJI observed.
The matter has been posted for further hearing on Tuesday. [KNT]
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