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'Mere agitation can't justify lathi-charge': SC on July 20 student protest crackdown at Jantar Mantar
CJI Surya Kant observed that mere agitation can't justify “police excesses” and called for a uniformed protocol on agitations.
The Supreme Court on Monday indicated that it may frame nationwide guidelines governing the handling of protests, observing that while the constitutional right to peaceful protest must be protected, violence by demonstrators and excessive use of force by police were equally unacceptable.
A bench led by Chief Justice of India (CJI) Surya Kant said that it was equally concerned about injuries suffered by protesters and police personnel during demonstrations, and stressed that “self-imposed discipline” by protesters and police personnel was integral to a functioning democracy.
The observations came as multiple petitions concerning the nationwide protests over alleged examination paper leaks, including allegations of police excesses during the July 20 “Sansad Chalo” march and subsequent incidents in Bihar, were mentioned before the bench, which also included justices Joymalya Bagchi and V Mohana.
The matter assumes significance as it comes days after Union education minister Dharmendra Pradhan resigned following weeks of nationwide protests and the Centre moved to introduce a tougher anti-paper leak law in Parliament.
‘Use of AK-47 in Bihar’
Mentioning one of the petitions, advocate Fauzia Shakil, appearing for Rajya Sabha MP Manoj Jha, told the court that a comprehensive writ petition had been filed placing on record material relating to police action, including the firing on protesters in Bihar's Siwan district.
“We have filed a writ petition with comprehensive information, including Bihar firing…There was use of AK-47 in Siwan...we have filed data,” Shakil submitted.
Another counsel requested that multiple petitions and applications filed on behalf of students’ families allegedly assaulted during the protests be heard together.
Responding, the Chief Justice said the court was already seized of a petition seeking all-India guidelines on protests.
“There is a petition seeking all-India guidelines for protests etc. The right to peaceful protest is guaranteed under the Constitution. So long as there is a peaceful protest, it is allowed,” observed the CJI, as senior counsel Sankaranarayanan, appearing for petitioner-advocate Shailesh Mani Tripathi, said that his plea pressed for such guidelines.
Justice Bagchi underlined that the court's concern extended equally to law enforcement personnel.
“Injuries to all individuals, be it policemen or anyone else, is of equal concern to us. We may call upon the State to explain why adequate safety gears and guards, helmets etc. were not given to police personnel,” Justice Bagchi remarked.
The Chief Justice, on his part, said that a standard protocol appeared necessary.
“There has to be a protocol in place. Everyone has a right to protest so long as it is with due permission and at designated places. But if some anti-social elements have done anything, that can also be looked into,” he said.
Senior advocate Vikas Singh urged the court to evolve uniform norms. “There have to be pan-India guidelines and some kind of balancing,” Singh submitted.
On protests and lathicharge
Agreeing that the issue transcended any one state, the CJI said all petitions would be heard together.
“We will list all the matters tomorrow. Do not take it adversely. If there are excesses committed, that can be looked into dispassionately...who has done it etc…It is not a question of Delhi alone but it is an all-India issue. It cannot be that there is an agitation and hence a lathi charge. It can also not be that violence occurs in these protests,” Justice Kant added.
The Chief Justice emphasised that”"self-imposed discipline during protests is integral to the democratic process.”
Solicitor General Tushar Mehta, appearing for the Delhi Police, said the police had no objection to all the petitions being heard together. “We are not taking it adversely. Let all matters be taken up together,” Mehta submitted.
The bench then directed that all pending petitions be listed together on Tuesday.
The hearing comes against the backdrop of continuing litigation over the July 20 police crackdown on the “Sansad Chalo” march organised by the Cockroach Janata Party (CJP), which had alleged excessive use of force by security personnel.
On July 24, the Supreme Court agreed to entertain two freshly instituted petitions after the CJI clarified that reports suggesting the court had earlier refused to hear the matter were incorrect because no writ petition had then been filed. Separately, the Delhi high court has directed authorities to preserve CCTV footage, videography and other records relating to the police action while examining challenges to the crackdown.
The fresh petitions also rely on subsequent incidents in Bihar, where protests spread in solidarity with the Delhi agitation. According to information placed before the court, three protesters were injured after police opened fire during violent demonstrations in Siwan on Saturday. Police said firing followed stone-pelting by protesters in which several personnel were also injured. Similar violence was also reported in Jehanabad earlier.
Following Pradhan's resignation on Saturday, the CJP announced that it was calling off its nationwide agitation after stating that its principal demands had been accepted by the Centre.
