The Supreme Court said on Monday that police excesses during protests cannot be justified.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana took up for hearing today the petitions filed against the police lathi-charge on students who took part in a protest at Delhi’s Jantar Mantar on July 20.
At that time, a lawyer appearing for one of the petitioners alleged that the police had used an AK-47 rifle against students during the Bihar protest.
During the hearing of this case, the Chief Justice said:
“The right to hold a peaceful protest is guaranteed by law. It cannot be denied. Police excesses cannot be justified merely because a protest is taking place.
It does not mean that a lathi charge should be carried out simply because a protest is underway. Democratic practice requires the discipline of self-restraint,” he said.
At that time, a lawyer speaking in support of the police said that police personnel had been attacked by the protesters.
Continuing, Justice Joymalya Bagchi said, “Whoever it may be, the life of every individual is important.”
Furthermore, the Chief Justice noted, "Rules should be framed for conducting protests. There should be adequate space for protests, and there should be no restrictions. However, if there are anti-social elements and the like, the police can handle that. This is not just an issue related to Delhi."
Following this, the Chief Justice's bench announced that all cases will be heard tomorrow (July 28).
Previously, in a case filed over police repression against students involved in the CJP protest, Chief Justice Surya Kant’s remark on Wednesday — “Do not waste our time, we do not want to watch videos related to this, nor do we have the time” — had sparked controversy.
