The Supreme Court on Monday observed that the right to peaceful protest is guaranteed under the Constitution and cannot be denied, while indicating that it may frame an all-India protocol for regulating peaceful demonstrations.A bench headed by Chief Justice of India (CJI) Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, said a framework could ensure adequate space for peaceful protests while allowing authorities to act against anti-social elements.The observations came during the hearing of petitions alleging police excesses, including lathi charges and the use of tear gas against students protesting over the alleged NEET-UG paper leak and examination irregularities.SC considers nationwide guidelines for protestsThe court said there was a need for uniform guidelines governing peaceful demonstrations across the country.“There should be a protocol when someone wants to agitate peacefully. Proper space for that. There is no impediment in that regard. But if there is any anti-social element, that can be dealt with,” CJI Surya Kant observed.The bench indicated that mandatory guidelines could be framed to define the responsibilities of both protesters and authorities.“It is a question of all India... this uniformity in protocol is also required. Those who are responsible... what kind of mandatory guidelines... self-discipline is integral to the entire process,” the CJI said.'Agitation cannot justify police excess': Supreme CourtThe court made it clear that the constitutional right to peaceful protest cannot be diluted.“Right to peaceful protest is in the Constitution. Right to peaceful protest is absolutely guaranteed. That cannot be denied. Merely because there is agitation cannot justify police excess,” the CJI said.The remarks came while hearing petitions filed by students alleging police action during protests linked to the NEET-UG controversy and wider concerns over examination reforms.Senior advocates Gopal Sankaranarayanan, Colin Gonsalves and Vikas Singh appeared for separate petitioners seeking action against police personnel over alleged attacks on protesters.Court flags attacks on police personnelWhile hearing the matter, the Supreme Court also acknowledged concerns over attacks on police personnel during protests.After a lawyer referred to a separate plea alleging attacks on police officers and their families by an unruly mob, Justice Joymalya Bagchi said:“Injury to police is of equal concern. We may call upon the State to respond why adequate safeguards were not provided...”The court directed that the batch of petitions be listed for further hearing on Tuesday.
NEET-UG protests: India’s top court backs peaceful protest rights, weighs police protocol
Top court stresses protest rights while curbing police excesses, violence










