CJI Surya Kant on police ‘brutality’ against NEET paper-leak protesters: 'Mere agitation can't justify lathi-charge'

The Supreme Court observed on Monday (July 27) that the right to peaceful protest is a constitutional guarantee, and that the mere existence of an agitation cannot justify alleged police excesses against protesters. The court also called for a uniform national protocol on handling demonstrations.

The Supreme Court bench led by Chief Justice of India (CJI) Surya Kant made the remarks while hearing the petition seeking action against police excess during the Jantar Mantar NEET protests.

The ‘Sansad Chalo’ protest march, led by the Cockroach Janta Party on July 20 in Delhi, witnessed clashes between protesters and security personnel. Video and photos on social media showed police using lathis and tear gas shells to disperse crowds attempting to move towards Parliament.

The protesters were demanding the resignation of Dharmendra Pradhan as the Union Education Minister over the NEET paper leak issue.

What did CJI said on police ‘brutality’

"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...If there is excess committed, it should be independently examined," CJI Surya Kant was quoted by Live Law as saying on pleas alleging police brutality against student protestors.

The court observed that allegations of police excess should be independently examined and stressed the need for uniform police protocols for handling demonstrations nationwide.

"It's not only a case of Delhi. Uniformity in protocol is required. Merely because agitation is there, it doesn't mean lathi-charge. Discipline is integral to the democratic process," the CJI said on Monday.

“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 was quoted by ANI as saying.

"Self-evolved discipline is needed which is essential to democratic process," the CJI said and urged parties to assist the bench in an inadversarial manner.

The court directed that all connected petitions be listed together on Tuesday, July 28.

Plea by family of policemen

The bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana also agreed to take up a separate plea, filed by a few family members of those police personnel who were attacked during the protest, along with other listed petitions.

The CJI stressed that the life of every individual, including police personnel, is equally important.

According to Live Law, the court allowed the request of a counsel, appearing for the families of policemen injured during the incident, to participate in the proceedings.

Justice Bagchi orally observed, “Injury to an individual, be it to policemen or [students], is of equal concern. We may call upon the state to explain why adequate equipment was not given to police to handle such...they should have helmets.”