Agitation can't justify police excesses: Supreme Court on brutality against protestors

Right to hold peaceful protests is guaranteed under law and police excesses on such agitations cannot be justified, the Supreme Court orally remarked on Monday [Shailendra Mani Tripathi vs. Union of India and Ors].

A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana also said that life of every individual including police personnel is important.

"Right to peaceful protest is absolutely guaranteed. That cannot be denied. Merely because there is agitation cannot justify police excess," the CJI remarked.

He urged for self-evolved discipline during such protests.

"Just because there is an agitation does not mean there should be lathi charge. Self- evolved discipline is needed which is essential to democratic process," the CJI remarked.

The Court was hearing petitions seeking pan-India guidelines to ensure peaceful protests are allowed.

The pleas were filed in light of the recent use of force by police on protestors at Jantar Mantar in Delhi and in Bihar.

Advocate Fauzia Shakil, appearing for one of the petitioners, said that security forces used AK 47 automatic gun in Siwan during Bihar bandh.

"AK-47 used yesterday," said advocate Fauzia Shakil on behalf of the petitioners.

Senior Advocate Vikas Singh, also appearing for a petitioner, echoed similar concerns.

"Bihar also had a lot of attacks on students. All India order is needed," Singh said.

Another lawyer sought to highlight the plight of security and police personnel who also suffered injuries during such protests.

"My lord, the police officers were lynched! We also need to be heard," he said.

"Life of every individual irrespective of who they are is important," said Justice Bagchi.

"There should be a protocol in place. There should be proper space and no restriction. But if there is some anti-social elements etc that can be taken care of. This is not a question of Delhi only. Uniformity of protocol is needed," CJI remarked.

"We will assist the court dispassionately," said Solicitor General Tushar Mehta.

The Court eventually directed that all petitions pertaining to the issue be heard on Tuesday, July 28.

The protest at Jantar Mantar in Delhi were called off on July 25 after Union Minister Dharmendra Pradhan tendered his resignation as Education Minister.

The protests had begun in June on a call by online collective Cockroach Janta Party (CJP) against repeated question paper leaks and demanding the resignation of Pradhan. 

The protests gained momentum after climate activist Sonam Wangchuk joined and started a hunger strike in solidarity. Wangchuk was later removed from the protest site and taken to a hospital by the Delhi police, citing his worsening health condition. He ended his 26-day hunger strike at Medanta Hospital late on July 23.

Meanwhile, the protests at Jantar Mantar continued, culminating in a call for a"Sansad Chalo" march to the Parliament on July 20. The police warned that no permission had been given for the march.

After protestors gathered in huge numbers on July 20, clashes were reported, and allegations emerged about lathi charges, tear gas use and violent actions by the police against student protestors. 

Dharmendra Pradhan eventually tendered his resignation as minister on July 25 and the protests were called off.

Similar protests have been happening in Bihar as well.

Police action against these protests have led to widespread discontent among those agitating and in support of such protests.

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