Chief Justice of India Surya Kant has made clear that peaceful protests are a constitutionally protected right and that police cannot justify baton charges simply because a demonstration is taking place. The observations came as the Supreme Court took up a batch of petitions alleging excessive police force against students who protested across India over examination paper leaks.
A bench comprising CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana heard the matter after it was mentioned on an urgent basis. The Chief Justice stated from the bench: “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. If there is excess committed, it should be independently examined. Discipline integral to democratic process.”
The Court stressed the need for uniform police protocols across all states when handling public demonstrations.
One petitiondetails events from July 20, when students marched toward Parliament demanding accountability over the education system. The petition alleges that police responded with barricades, tear gas, baton charges and mass detentions. It further alleges physical assaults on protesters, gender-based misconduct against female demonstrators, and the use of plainclothes personnel during crowd control. At least 60 protesters were reportedly injured.