CJI said the Constitution guarantees the right to peaceful protest.
NEW DELHI: The Supreme Court on Monday said the right to peaceful protest is constitutionally guaranteed and that the mere existence of an agitation cannot justify alleged police excesses against demonstrators.A bench led by Chief Justice of India Surya Kant made the observations while hearing pleas alleging police excesses against students during the July 20 protests over the NEET paper leak.The bench also indicated that a uniform nationwide protocol was needed to facilitate peaceful protests while enabling authorities to act against anti-social elements.”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.Emphasising the need to protect both protesters and law enforcement personnel, the bench said, “Agitation does not mean lathicharge. Also, agitation does not mean violence.”The court said pan-India guidelines should be framed on the issue without either the petitioners or governments adopting an adversarial approach. The bench, however, also expressed concern over allegations of attacks on police personnel during protests.When a lawyer referred to injuries suffered by police personnel and alleged attacks on their families by an unruly mob, Justice Joymalya Bagchi said, “Injury to police is of equal concern. We may call upon the State to respond why adequate safeguards were not provided…”The CJI said there should be a clear protocol governing peaceful protests across the country, including the provision of designated spaces for demonstrations.”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,” the CJI said.The court observed that the matter required an all-India approach and indicated that mandatory guidelines could be evolved to ensure uniformity.”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 listed for further hearing on Tuesday.
