In line with the use of force by police during the July 20 ‘Sansad Chalo’ protest by the Cockroach Janata Party (CJP), the Supreme Court has called for a ‘uniform protocol’ to govern peaceful protest in the country.
A bench led by Chief Justice of India (CJI) Surya Kant on Monday, said that the right to peaceful protest is a constitutional guarantee and that the mere existence of an agitation cannot justify alleged police excesses against demonstrators and called for the need for a uniform protocol across the country to facilitate peaceful protests and enable authorities to act against anti-social elements.
The apex court also expressed concern over allegations of attacks on police personnel during protests. 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…” after a lawyer referred to incidents involving injuries to police personnel and attacks on their families by an unruly mob.
The CJI said there should be a clear protocol for people who wish to hold peaceful protests, including designated spaces where they can demonstrate without obstruction. At the same time, he noted that any anti-social elements misusing such gatherings could be dealt with separately.
“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, quoted news agency ANI.
The court also observed that the issue extends beyond a single state and requires a uniform, nationwide framework. It indicated that it may frame mandatory guidelines to ensure consistency across the country.
Calling it an issue of national importance, the CJI stressed the need for uniform protocols and added that self-discipline is an essential part of the process. The matter has been scheduled for further hearing on Tuesday.
The hearing comes after widespread criticism of the use of violence by police on student protestors on July 20. The actions included baton charges, use of tear gas and use of pellet guns by Rapid Action Force (RAF) and Delhi police in a move to control the gathering marching towards the Parliament.
Meanwhile, instances of violence against security forces were also reported, including but not limited to stone pelting. The police, on the other hand, accused the protesters of displaying “unruly, aggressive and violent behaviour”.
It claimed that several personnel were attacked with stones by the agitators and police vehicles were vandalised. The force said 118 police personnel were injured during the violent protest, including senior officers.
Opposition has criticised police actions of July 20, seeking a response from the Home Ministry. Leader of the Opposition in the Lok Sabha Rahul Gandhi wrote a letter to Home Minister Amit Shah. In his letter, Gandhi said that the students were protesting for a fair and accountable education system but were met with excessive force by security personnel.
Bureau Report
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