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Agitation doesn’t justify police excesses, peaceful protest constitutional right: SC

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The Supreme Court on Monday observed that the right to hold peaceful protests is protected under the Constitution and that police excesses during demonstrations cannot be justified merely because an agitation is underway.A Bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana made the oral observations while hearing a batch of petitions seeking nationwide guidelines to regulate peaceful protests in the wake of police action against protesters at Delhi’s Jantar Mantar and in Bihar.The Chief Justice said the constitutional right to peaceful protest could not be denied and emphasised that an agitation, by itself, could not become a reason for the use of excessive force by the police. He said that democratic protests also required self-discipline and observed that every protest should not end in a lathicharge.The Bench also underlined that the lives of all individuals, including police personnel, were equally valuable. Justice Bagchi remarked that the safety of every person, irrespective of who they were, must be protected.Appearing for one of the petitioners, advocate Fauzia Shakil alleged that security forces had used AK-47 rifles during the Bihar bandh in Siwan. Senior advocate Vikas Singh also referred to alleged police action against students in Bihar and urged the court to frame uniform guidelines applicable across the country.Another counsel highlighted injuries suffered by police personnel during protests and urged the court to consider their concerns as well. Responding to the submissions, the Chief Justice said there should be a uniform protocol governing protests across the country, including designated spaces where demonstrations could be held without unnecessary restrictions. At the same time, he observed that anti-social elements could be dealt with separately through appropriate measures.Solicitor General Tushar Mehta, appearing for the Centre, assured the court that the government would assist it objectively in the matter. The Bench directed that all petitions concerning the issue be taken up together for hearing on Tuesday.The petitions were filed against the backdrop of police action during student protests over alleged examination paper leaks. The Jantar Mantar protest, which began in June demanding reforms in the examination system and the resignation of then Union Education Minister Dharmendra Pradhan, was called off on July 25 after Pradhan resigned. Similar protests have also been held in Bihar, where allegations of police excesses have likewise been raised.

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