The Supreme Court on Monday indicated that it may seek responses from States and Union Territories on why adequate protective equipment, including helmets and other safety gear, is not provided to police personnel deployed during large public demonstrations while hearing a batch of petitions alleging police brutality during student protests over the NEET paper leak and examination irregularities, along with pleas highlighting attacks on police personnel during the demonstrations.
The Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana made these observations after the matters were mentioned for urgent listing. Accepting the suggestion of Solicitor General Tushar Mehta, the Court directed that all connected petitions be listed together for hearing on Tuesday.
During the proceedings, counsel appearing for the families of certain police personnel submitted that several officers had been assaulted, kicked and lynched while managing the protests. Responding to the submission, Justice Bagchi observed that injuries suffered by both protesters and police personnel were of equal concern and warranted judicial scrutiny.
Justice Bagchi said the Court may call upon the States and Union Territories to explain why adequate safeguards, including protective helmets and other protective equipment, are not provided to police personnel deployed for maintaining law and order during large public demonstrations.
The Bench emphasised that ensuring the safety of law enforcement personnel was an essential component of effective crowd management and public order policing.
The CJI stressed the need for a uniform nationwide protocol governing public protests while balancing the constitutional right to peaceful assembly with the safety of police personnel. He observed that citizens have a fundamental right to peacefully agitate their grievances and should be provided adequate space to hold lawful demonstrations without unnecessary restrictions or impediments.
At the same time, he clarified that authorities remain free to take action, in accordance with law, against anti-social elements or individuals indulging in violence or other unlawful activities during such protests.
The Bench further indicated that allegations of excessive use of force by police, if established, should be subjected to an independent examination. CJI kant observed that such an inquiry should identify the persons responsible, ascertain the nature and extent of the alleged excesses, and formulate mandatory preventive measures, standard operating procedures (SOPs) and uniform operational guidelines to prevent similar incidents in the future.
He observed that the issue was not confined to Delhi but had pan-India implications, making it necessary to evolve a uniform protocol governing crowd control, use of force, protection of both protesters and police personnel, and maintenance of public order. He also observed that the right to peaceful protest must be be accompanied by self-evolved discipline, describing it as an integral part of the democratic process.
Solicitor General Tushar Mehta assured the Court that the Union Government would assist the Bench objectively, dispassionately and without adopting an adversarial approach. In view of the assurance, the Bench agreed to list and hear all connected matters together on Tuesday.
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