‘Mere protest can’t justify lathi-charge’: Supreme Court weighs nationwide guidelines after July 20 student crackdown

The Supreme Court on Monday indicated it may frame nationwide guidelines for handling protests, stressing that while the constitutional right to peaceful demonstration must be protected, both violence by protesters and excessive use of force by police are unacceptable.

A bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, made the observations while hearing multiple petitions related to nationwide protests over alleged examination paper leaks and claims of police excesses during the July 20 “Sansad Chalo” march and subsequent demonstrations in Bihar.

The court’s remarks come days after Dharmendra Pradhan resigned as Union education minister and the Centre introduced a tougher anti-paper leak law in Parliament.

During the hearing, advocate Fauzia Shakil, appearing for Rajya Sabha MP Manoj Jha, referred to a petition alleging police firing on protesters in Bihar’s Siwan district, claiming that AK-47 rifles were used during the incident. Other petitioners also sought a joint hearing of all cases related to the protests.

“The right to peaceful protest is guaranteed under the Constitution. So long as there is a peaceful protest, it is allowed,” the Chief Justice observed, adding that a standard protocol for managing demonstrations was needed across the country.

Justice Bagchi said the court was equally concerned about injuries suffered by protesters and police personnel, suggesting states may have to explain whether adequate protective equipment had been provided to law enforcement officers.

The bench noted that “self-imposed discipline” by both protesters and police is essential in a democracy and emphasized that while protests cannot automatically justify a lathi charge, violence during demonstrations is equally unacceptable.

After Solicitor General Tushar Mehta agreed that all related petitions could be heard together, the Supreme Court directed that the matters be listed for a joint hearing on Tuesday.