New Delhi, July 27: The Supreme Court on Sunday reaffirmed that the right to peaceful protest is a constitutional guarantee while agreeing to hear a batch of petitions concerning alleged police excesses against students protesting the NEET paper leak and other examination related irregularities. The matter has been scheduled for hearing on Tuesday.
A Bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana observed that citizens cannot be denied their right to peaceful demonstrations merely because protests are taking place. The court stressed that law enforcement authorities must act within constitutional limits while maintaining public order.
The petitions before the apex court relate to allegations that police used excessive force against students participating in demonstrations over the alleged NEET paper leak and similar examination controversies reported across different parts of the country.
Along with these petitions, the Bench also agreed to hear a separate plea filed by family members of police personnel who were allegedly injured during the protests. The court indicated that both concerns the rights of protesters and the safety of police officials deserve equal consideration.
During the proceedings, the Chief Justice remarked that the right to peaceful protest is fully protected under the Constitution and cannot be curtailed simply because public demonstrations are being held. The Bench observed that allegations of police excesses require careful examination and cannot be justified solely on the grounds of unrest.
Responding to submissions that some police personnel were also assaulted during the protests, the judges emphasised that every individual’s life and safety are equally important, irrespective of whether they are protesters or law enforcement officials.
The Bench further suggested that governments should formulate a uniform protocol for handling public demonstrations across the country. It noted that clearly designated protest spaces and transparent guidelines could help safeguard democratic rights while ensuring public order.
The judges also observed that while authorities should facilitate peaceful gatherings without unnecessary restrictions, they must remain prepared to deal with anti-social elements who attempt to disrupt lawful protests. Such situations, the court said, should not become a reason to suppress genuine democratic expression.
Highlighting the broader significance of the issue, the Supreme Court noted that the matter extends beyond the national capital and requires a consistent nationwide framework for managing public demonstrations. According to the Bench, a standard protocol would help strike a balance between protecting constitutional freedoms and maintaining law and order.
The outcome of Tuesday’s hearing is expected to provide further clarity on the responsibilities of law enforcement agencies and the rights of citizens participating in peaceful protests, particularly in cases involving student led movements over examination irregularities.