New Delhi, July 27:
The Supreme Court of India has reaffirmed that peaceful protest is a fundamental constitutional right, stating that police cannot resort to lathicharge merely because an agitation is taking place.
The court made the observation while hearing petitions related to the July 20 student protests in New Delhi, where demonstrators marching towards Parliament were dispersed using tear gas and batons.
The bench emphasised that as long as a protest remains peaceful, authorities must exercise restraint and cannot justify the use of force solely on the grounds of public agitation.
The petitions before the court have sought an independent investigation into the alleged police excesses, including the preservation of CCTV footage, body-camera recordings, and other electronic evidence. Compensation for injured protesters has also been demanded.
The court has agreed to examine these issues in detail, along with a separate plea alleging that some police personnel were attacked during the protests.
The protests were part of a larger nationwide agitation led by students over alleged irregularities in major examinations. The “Sansad Chalo” march witnessed clashes between protesters and security forces near key locations in the national capital, with visuals showing the use of tear gas and baton charges to disperse crowds.
The police action triggered widespread outrage and intensified demonstrations across several parts of the country. Opposition parties extended support to the students and disrupted parliamentary proceedings, demanding accountability and the resignation of the Union Education Minister.
The Supreme Court’s remarks are being seen as a significant reiteration of civil liberties, underlining that the right to dissent is integral to democracy while also highlighting the need for balance between maintaining public order and protecting constitutional freedoms.

