New Delhi, July 27, 2026 (Yes Punjab News)
The Supreme Court on Monday emphasised that peaceful protest is a constitutional right but said allegations of excessive police action and violence against security personnel during demonstrations must both be independently examined. The court also indicated the need for a uniform nationwide protocol for managing public protests.
A Bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana was hearing a batch of petitions related to the recent nationwide student protests over the alleged NEET-UG 2026 paper leak.
The Bench observed that the existence of an agitation alone cannot justify the use of excessive force by police, while also making it clear that attacks on law enforcement personnel cannot be overlooked.
“The right to peaceful, lawful protest is absolutely guaranteed under the Constitution. So long as it is peaceful agitation, merely because there is agitation, there can’t be (police excess),” the Bench said.
The court said any allegation of police excess should be subjected to an independent inquiry and noted that the issue was not limited to Delhi alone.
“Uniformity in protocol is required. Merely because there is agitation, doesn’t mean lathi-charge. Discipline is integral to the democratic process,” the court observed.
Justice Joymalya Bagchi said injuries suffered by protesters as well as police personnel were matters of equal concern. The Bench also questioned whether adequate protective equipment was provided to police deployed during such situations.
During the hearing, lawyers appearing for petitioners sought broader directions, arguing that incidents of alleged police excesses had occurred beyond Delhi and required a nationwide framework.
Advocate-on-record Fauzia Shakil informed the court about a fresh petition filed on behalf of Rajya Sabha MP Manoj Jha, containing material related to allegations including the recent police firing incident in Bihar. Senior advocates Gopal Sankaranarayanan and Vikas Singh urged the court to consider all connected matters together.
Counsel representing families of injured police personnel also sought permission to participate in the proceedings, alleging that several policemen were assaulted during the protests.
Solicitor General Tushar Mehta, appearing for the Union government, assured the court that the Centre would assist the proceedings in an impartial manner and suggested that all related petitions be heard together. The Bench accepted the suggestion and directed that all matters be listed together on Tuesday.
The petitions concern allegations of excessive use of force during student protests linked to the NEET-UG 2026 paper leak controversy. Earlier, the Chief Justice had clarified that the Supreme Court had not refused to hear the matter but had only declined to entertain an informal one-page representation that was not filed as a proper writ petition.
The issue has also reached the Delhi High Court, which recently issued notices to the Centre and Delhi Police on petitions alleging excessive force during the July 20 ‘Sansad Chalo’ march. The High Court directed authorities to preserve CCTV footage, videography and other relevant records connected with the protest.
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