NEW DELHI: The Supreme Court on Monday made it clear: 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.
The top court was hearing a mentioning of a plea moved by RJD leader Manoj Jha flagging the use of force including AK-47 against protesters in Bihar. The court tagged this along with other petitions seeking a probe into the incidents of July 20, when the protesting students’ Sansad Chalo march to Parliament was met with use of tear gas and batons.
“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.
While hinting that the top court will consider bringing in pan-India guidelines on how police and security forces must deal with the protests, the court said that every citizen’s right to protest peacefully is constitutionally guaranteed and must be protected. The top court also raised the issue of adequate safety gear to the police personnel.
“Police excesses must be inquired into. The governments must explain why adequate gears were not provided to police who were injured in protests,” the Chief Justice said.
The bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana will hear on Tuesday multiple petitions concerning the nationwide protests over examination paper leaks, including those alleging police excesses during the July 20 Parliament march led by the Cockroach Janta Party
The top court has also agreed to hear separate plea alleging police personnel were beaten up during protests on NEET paper leak. It stressed that “self-imposed discipline” on the part of both citizens and law enforcement was essential to functioning of a democracy.
