'Can't lathi-charge because of mere agitation': SC on police crackdown
What's the story
The Supreme Court on Monday emphasized that the right to peaceful protest is constitutionally protected and mere agitation cannot justify a lathi-charge. The court made this observation while hearing petitions alleging police excesses against students protesting examination paper leaks. "Right to peaceful, lawful protest absolutely guaranteed under Constitution. So long as it is peaceful agitation, merely because there is agitation, there can't be [excess]," the bench comprising Chief Justice of India Surya Kant, Justices Joymalya Bagchi and V Mohana said.
Protocol standardization
'Uniformity in protocol required'
The bench said if there is excess committed, it should be independently examined.
It also called for uniform police protocols to manage protests across the country.
CJI Kant said, "It's not only a case of Delhi. Uniformity in protocol required. Merely because agitation there, doesn't mean lathi-charge. Discipline integral to democratic process."
The court also allowed counsel for families of injured policemen to participate in proceedings.
Bench
All the petitions will be heard together
Justice Bagchi orally observed, "Injury to individual, be it to policemen or [students], is of equal concern...We may call upon state to concern why adequate equipment was not given to police to handle such...they should have helmets."
All the petitions will be heard together on Tuesday.
Several petitions have been filed, seeking to regulate police actions during public protests.
One such petition seeks a ban on plainclothes personnel for crowd control and an independent probe into the July 20 incident.
Public disruption
Petition highlights disruption of daily life due to police actions
The plea states that students are peacefully demanding changes in the education system but are met with excessive force.
"Day by day, the government is becoming increasingly cruel...The atrocities committed on July 20 against students...are no less than the atrocities of Jallianwala Bagh."
The petition also highlights how the police actions during protests have disrupted daily life.
It mentions that metro services were shut down and internet services were suspended, affecting access to banking, telemedicine, and emergency services.
Legal scrutiny
Repeated invocation of Section 163 BNSS questioned
The petition also questions the repeated invocation of Section 163 of the BNSS to issue prohibitory orders without a proximate threat to public order.
It argues that this practice is unconstitutional and violates citizens' right to assemble peacefully.
The petitioner has sought national guidelines prohibiting police officers from conducting crowd-control operations in plain clothes or without visible identity badges.
The plea requests registration of FIRs against police personnel allegedly involved in assaults and sexual abuse of female protesters.