The Supreme Court stressed the need to safeguard the Constitutional right to peaceful protest. It highlighted the importance of impartially examining allegations of police excesses and violence against security personnel during demonstrations. The court suggested the necessity of a uniform nationwide protocol to govern public protests.
The Bench, led by Chief Justice of India (CJI) Surya Kant, mentioned that the use of excessive force by police cannot be justified simply because there is an agitation. It also emphasized that attacks on police personnel should not be ignored. The right to peaceful and lawful protest is guaranteed under the Constitution, the Bench noted.
During the proceedings, Justice Joymalya Bagchi expressed equal concern for the injuries suffered by both protesters and police personnel. The court called for an explanation from the State on the lack of adequate protective gear provided to police in handling such situations. It also highlighted the importance of having a protocol to manage peaceful demonstrations while addressing any anti-social elements effectively.
Advocates representing various parties raised concerns about police excesses and the need for pan-India directions. The court acknowledged the importance of scrutinizing allegations of violence by protesters. The Union government assured its dispassionate assistance to the apex court in addressing the connected petitions.
