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"Can't Lathicharge Just Because There Is Agitation": Supreme Court's Big Remark

The top court was hearing a batch of petitions seeking a probe into the incidents of July 20, when the protesting students' Sansad Chalo march to Parliament was statedly met with use of tear gas and batons.

"Can't Lathicharge Just Because There Is Agitation": Supreme Court's Big Remark
  • The Supreme Court affirmed the constitutional right to peaceful protest without lathicharge during agitations
  • Police baton-charged protesters on July 20 during the Sansad Chalo march near Parliament in Delhi
  • Petitions call for probe, compensation for injuries from the July 20 police action

The Supreme Court on Monday made it clear: that the right to peaceful protest is "absolutely guaranteed" under the Constitution, underlining that there can't be lathicharge just because there is an agitation.

The top court was hearing a batch of petitions seeking a probe into the incidents of July 20, when the protesting students' Sansad Chalo march to Parliament was statedly met with use of tear gas and batons.

"The right to peaceful, lawful protest absolutely guaranteed under the Constitution. So long as it is peaceful agitation, merely because there is agitation, there can't be lathicharge," the top court said.

The top court has also agreed to hear separate plea alleging police personnel were beaten up during protests on NEET paper leak.

"Police excesses must be inquired into. The government must explain why adequate gears were not provided to police who were injured in protests," the top court said, adding it will consider pan-India uniform guidelines on the issue. 

The riot police baton-charged protesters in Delhi as they tried to march to Parliament, escalating a protest over irregularities in major examinations. Protesters ran for cover as police in blue riot gear charged at them near the Jantar Mantar protest site, multiple videos from the protest site showed.

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The pleas seek an independent investigation into the incidents, preservation of CCTV footage, body-camera recordings and other electronic evidence, besides compensation for protesters found to have suffered injuries.

Demonstrations at the protest site, in the heart of the national capital, intensified after the police action and began spreading to other parts of the country.

The Opposition parties, who threw their weight behind the protesters, disrupted proceedings in the lower house of Parliament, saying they would not allow any debate until Education Minister Dharmendra Pradhan resigns. 

Rahul Gandhi, the Leader of the Opposition in the Lok Sabha, accused police of using pellet guns on some protesters on July 20, after meeting an injured demonstrator in hospital. 

"Thousands of youth were baton-charged, beaten, and pellet guns were used against them," he told reporters.

Delhi Police has denied that its personnel used pellet guns during the July 20 protest, while the CRPF has not publicly responded to allegations involving the Rapid Action Force. 

On Monday, Rahul Gandhi alleged that the government is using extreme force, including AK-47s and pellet guns, to suppress student voices across various states.

"The entire system is downright murderous against students. News is coming in that AK-47 bullets have been fired at protesting students in Bihar, and hundreds of students have been arrested with FIRs being filed against them," Gandhi said in his post.

The 36-day Cockroach Janta Party-led agitation ended on Saturday after the government accepted key demands of the protesters and Dharmendra Pradhan resigned as Education Minister.

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