Supreme Court Orders Inquiry Into Police Action During July 20 Protests
Supreme Court says peaceful protest cannot justify police lathicharge.
The Supreme Court on Monday reaffirmed that the right to peaceful protest is protected under the Constitution, observing that authorities cannot resort to a lathicharge merely because an agitation is taking place. The remarks came while hearing a batch of petitions seeking an independent probe into the police action during the students' "Sansad Chalo" march to Parliament on July 20, where protesters alleged they were subjected to tear gas and baton charges.
During the hearing, the apex court stated that peaceful and lawful demonstrations are constitutionally guaranteed and emphasised that the use of force cannot be justified solely because people are protesting. The court observed that police action must remain proportionate and lawful, adding that allegations of excesses during the protest require proper examination.
The petitions before the court seek an independent investigation into the July 20 incidents, along with directions to preserve CCTV footage, body-camera recordings and other electronic evidence. The petitioners have also sought compensation for protesters who were allegedly injured during the police action. The demonstrations, centred around alleged irregularities in major examinations, intensified following the crackdown and later spread to several parts of the country.
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The Supreme Court also agreed to hear a separate petition alleging that police personnel were assaulted during the protests. Observing that the matter required a balanced approach, the bench said allegations of police excesses must be investigated while also asking why adequate protective equipment had not been provided to officers who sustained injuries. The court further indicated that it would consider framing uniform pan-India guidelines for handling public protests.
The July 20 confrontation occurred when police stopped students marching from Jantar Mantar towards Parliament. Video footage from the protest showed security personnel using batons and tear gas to disperse demonstrators. Following the incident, opposition parties backed the protesting students and disrupted proceedings in Parliament, demanding the resignation of Education Minister Dharmendra Pradhan over the examination controversy.
Political leaders have continued to exchange allegations over the handling of the protests. Leader of Opposition Rahul Gandhi accused security forces of using excessive force, including alleging the use of pellet guns during the Delhi protests and later referring to reports of firing during protests in Bihar. Delhi Police has denied using pellet guns during the July 20 demonstration, while the petitions related to the police action and other allegations remain under consideration before the Supreme Court.
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