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SC says peaceful protest is a constitutional right and police excesses cannot be justified; Parliament logjam continues as Opposition questions police crackdown
The Supreme Court on Monday (July 27) reaffirmed that the right to peaceful protest is "absolutely guaranteed" under the Constitution, observing that the mere existence of an agitation cannot justify a lathicharge.
The observations came while the court was hearing a batch of petitions seeking an independent probe into the events of July 20, when students participating in the 'Sansad Chalo' march to Parliament were allegedly met with tear gas and baton charges.
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"The right to peaceful, lawful protest is absolutely guaranteed under the Constitution. So long as it is a peaceful agitation, merely because there is agitation, there can't be lathicharge," the bench said.
The July 20 protest turned violent when riot police confronted demonstrators attempting to march to Parliament over alleged irregularities in major examinations. Videos from the protest site near Jantar Mantar showed police in riot gear charging at protesters, who ran for cover as tear gas was fired and batons were used.
The petitions have sought an independent investigation into the police action, preservation of CCTV footage, body-camera recordings and other electronic evidence, as well as compensation for protesters found to have sustained injuries.
Opposition corners govt over police action
Congress MPs, led by party general secretary Priyanka Gandhi Vadra, protested in the Parliament House complex on Monday over alleged "police brutality" against student protesters during the agitation on the NEET paper leak issue and demanded Home Minister Amit Shah's apology.
Carrying placards and a large banner, the Congress MPs protested in front of the steps of the Makar Dwar of Parliament. They raised slogans, demanding answers from the home minister over alleged police excesses against protesting students.
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The Congress-led opposition is set to keep the pressure on the government in Parliament over the issue, demanding action against those responsible for the assault on students and an apology from Prime Minister Narendra Modi and Shah.
Leader of the Opposition in the Lok Sabha Rahul Gandhi has written to Shah, seeking accountability for what he called "barbaric assault" on peacefully protesting students and asking the minister whether he approved the use of "lethal force", including pellet guns.
A senior Opposition leader said the resignation of Pradhan did not mark the end of the issue. "Pradhan's resignation is not the full stop; it is only a semicolon. The Prime Minister should apologise to the students, while the Home Minister must explain where the pellets came from and who authorised their use. The role of the Home Minister has to be investigated. The youth have now handed the baton to Members of Parliament," the leader said.
(With agency inputs)
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