'Agitation cannot justify lathi-charge': CJI Surya Kant's BIG response to police brutality against protesting students

The Supreme Court on Monday (Jul 27) came down heavily on Delhi Police and authorities for lathi-charging the students during the Parliament march on July 20 in New Delhi. The Supreme Court bench comprising of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana said that “mere agitation can't be grounds for police excesses.” The top court urged forces to use “self-evolved discipline” in times of protest. It also emphasized that the Indian Constitution grants the right to protest to all citizens. The Court has directed that all petitions pertaining to the same issue from across the country will be heard on Tuesday, July 28.

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"Right to peaceful protest is absolutely guaranteed. That cannot be denied. Merely because there is agitation cannot justify police excess. Just because there is an agitation does not mean there should be lathi charge. Self- evolved discipline is needed which is essential to democratic process," the CJI remarked.“ He also called for a uniformed protocol on agitations, and not just restricted to Delhi. “There should be a protocol in place. This is not a question of Delhi only. Uniformity of protocol is needed. There should be proper space and no restriction. But if there is some anti-social elements etc that can be taken care of,” he said. "Life of every individual irrespective of who they are is important," said Justice Bagchi.

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The Supreme Court was hearing a plea seeking pan-Inida guidelines for protests and crackdown. The decision to hear all pleas on Jul 28 came after advocate Fauzia Shakil defended the plea alleging police brutality and claimed that security forces used AK 47 automatic gun in Bihar's Siwan. Another lawyer sought to highlight the plight of security and police personnel who also suffered injuries during such protests. "My lord, the police officers were lynched! We also need to be heard," he said.