Agitation cannot justify lathi-charge': CJI Surya Kant's strong response to police brutality against protesting students

Supreme Court Voices Concern

Chief Justice of India (CJI) Surya Kant strongly criticized the use of excessive force against protesting students, observing that peaceful agitation cannot be used as a justification for a police lathi-charge. The remarks came during a hearing related to allegations of police brutality during recent student protests.

Right to Protest Under the Constitution

The CJI emphasized that the right to peaceful protest is a fundamental democratic right protected under the Constitution. While authorities are responsible for maintaining law and order, they must ensure that any action taken against demonstrators remains lawful, proportionate, and necessary.

Questions Raised Over Police Action

During the proceedings, the Supreme Court questioned whether the use of force was warranted in the circumstances. The bench sought explanations from the authorities on the steps taken before resorting to a lathi-charge and whether established protocols were followed.

Balancing Law and Civil Liberties

The court observed that maintaining public order and protecting citizens' rights must go hand in hand. It stressed that policing should not suppress legitimate democratic expression and that force should be used only as a last resort.

Government Asked to Respond

The bench directed the concerned authorities to submit their response and relevant records regarding the incidents. The matter will continue to be heard as the court examines whether the actions of law enforcement complied with constitutional and legal standards.

Significance of the Observation

The CJI's remarks reinforce the principle that democratic dissent deserves protection and that any allegations of excessive police force must be subject to judicial scrutiny. The observations are expected to play an important role in the ongoing proceedings.