Days after a series of lathicharge incidents by police on protesters at several places, Supreme Court of India on Monday, July 27, said lathicharge on peaceful protesters is uncalled for because India’s constitution guarantees citizens the right to peaceful protest.
“The right to peaceful, lawful protest is absolutely guaranteed under the Constitution. So long as it is peaceful agitation, merely because there is agitation, there can’t be lathicharge,” said the top court while hearing the mentioning of a plea moved by RJD leader Manoj Jha highlighting the use of force, including AK-47 rifles, against protesters in Bihar.
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The apex court combined Jha’s plea along with other petitions seeking investigations into the incidents of July 20, when thousands of students taking part in a march at Jantar Mantar in Delhi organised by Cockroach Janata Party (CJP). Police personnel lobbed tear gas at the students and wielded batons.
A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana said that every citizen’s right to protest peacefully is constitutionally guaranteed and must be protected. The top court also indicated that it would consider laying down pan-India guidelines on how police and security forces must deal with the protests.
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“Police excesses must be inquired into. The governments must explain why adequate gears were not provided to police who were injured in protests,” the Chief Justice said. The bench will again hear the issue on Tuesday, July 28.
Rahul Gandhi, the Leader of Opposition in Lok Sabha, said on Monday that thousands of youth were baton-charged, beaten, and that pellet guns were used against them. Delhi Police has denied pellet guns were used by its personnel during the July 20 protest. CRPF, whose personnel were also deployed on the ground during the protests in Delhi, is yet to has not publicly speak on the allegations.
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Rahul Gandhi also alleged that government is using extreme force, including AK-47s and pellet guns, to suppress student voices across various states. “The entire system is downright murderous against students. News is coming in that AK-47 bullets have been fired at protesting students in Bihar, and hundreds of students have been arrested with FIRs being filed against them,” Gandhi said in a social media post.
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