Apex Court Says Police Excesses Cannot Be Justified Merely Because There Is an Agitation
New Delhi, July 27 :
The Supreme Court on Monday observed that the right to hold peaceful and lawful protests is a constitutionally protected right, while making it clear that alleged police excesses cannot be justified merely because people are agitating. The apex court fixed for hearing on Tuesday a batch of petitions alleging excessive use of force against students protesting over the alleged NEET-UG paper leak and other examination-related irregularities.
A Bench headed by Chief Justice of India Surya Kant, and comprising Justices Joymalya Bagchi and V. Mohana, made the observations while hearing submissions seeking urgent consideration of petitions challenging the alleged police action against student protesters.
The Court orally remarked that the constitutional guarantee to peacefully assemble and protest must be respected and that the mere existence of an agitation does not provide a blanket justification for the use of excessive force by law enforcement agencies. It further indicated that allegations of police excesses deserve independent judicial examination.
The petitions relate to incidents during nationwide demonstrations by students demanding accountability over the alleged NEET paper leak and other examination irregularities. The petitioners have sought judicial intervention into claims of lathi-charge and use of force against peaceful protesters, while also seeking guidelines to regulate police handling of public demonstrations.
The matter is scheduled to be taken up for detailed hearing on Tuesday, when the Supreme Court is expected to examine the allegations and consider the reliefs sought by the petitioners.(KNC)