The Supreme Court on Monday indicated that it may frame nationwide guidelines for handling public protests, observing that while the constitutional right to peaceful demonstration must be protected, both violence by protesters and excessive use of force by law enforcement are unacceptable in a democratic society.
A bench headed by Chief Justice of India (CJI) Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, made the observations while hearing multiple petitions related to the nationwide protests over the alleged examination paper leak controversy. The petitions also raised concerns over the police response to the July 20 “Sansad Chalo” student march at Delhi’s Jantar Mantar and incidents reported from Bihar.
The court emphasized that the right to peaceful protest is guaranteed under the Constitution and cannot be curtailed merely because people choose to agitate. At the same time, it stressed that protests must remain peaceful and within the framework of the law.
“It cannot be that there is an agitation and hence a lathi charge. It can also not be that violence occurs in these protests,” Chief Justice Surya Kant observed, indicating that the court would examine allegations of police excesses as well as instances of violence during demonstrations.
The bench noted that a uniform protocol governing protests across the country may be necessary to strike a balance between citizens’ fundamental rights and the responsibility of authorities to maintain public order. The Chief Justice observed that peaceful protests conducted with due permission and at designated locations should be allowed, while incidents involving anti-social elements could be dealt with separately.
The observations came after advocate Fauzia Shakil, appearing for Rajya Sabha MP Manoj Jha, informed the court that a comprehensive writ petition had been filed highlighting alleged police action during the protests. She claimed that the petition included material relating to the firing on protesters in Bihar’s Siwan district and alleged the use of AK-47 rifles during the incident.
Another counsel requested that all petitions filed by students and their families concerning the alleged police action during the protests be heard together to ensure consistency in the proceedings.
Responding to the submissions, the Chief Justice said that the Supreme Court was already examining a petition seeking all-India guidelines for the conduct and regulation of protests. Senior advocate Sankaranarayanan, appearing for petitioner-advocate Shailesh Mani Tripathi, submitted that his plea also sought the formulation of uniform guidelines to govern protests across the country.
Justice Joymalya Bagchi observed that the court’s concern extended not only to protesters but also to police personnel deployed during demonstrations. He noted that injuries suffered by both groups deserved equal attention and questioned whether adequate protective equipment such as helmets, safety gear, and guards had been provided to police personnel while managing large gatherings.
The bench repeatedly emphasized that discipline from both protesters and law enforcement agencies is essential for the smooth functioning of a democracy. Chief Justice Surya Kant remarked that “self-imposed discipline” during protests is integral to the democratic process and helps ensure that constitutional rights can be exercised without compromising public safety.
Senior advocate Vikas Singh also urged the court to evolve pan-India norms governing protests, arguing that a uniform framework would help maintain a balance between the right to dissent and the need for law and order.
Solicitor General Tushar Mehta, appearing for the Delhi Police, informed the court that the police had no objection to all the related petitions being heard together. He stated that the authorities were willing to assist the court in addressing the issues raised.
Taking note of the submissions, the Supreme Court said it would list all the connected petitions together for hearing. The bench clarified that it would examine the allegations objectively and determine whether any excesses had been committed during the handling of the protests.
The matter assumes significance amid the nationwide debate over examination paper leaks and student protests, coming shortly after Union Education Minister Dharmendra Pradhan resigned following weeks of demonstrations. The Centre has also moved to introduce a stricter anti-paper leak law in Parliament, making the Supreme Court’s consideration of nationwide protest guidelines a closely watched development.