SC: Mere Agitation Can't Justify Lathi-Charge on CJP Protesters

The Supreme Court on Monday told the Centre and police forces that a street agitation, by itself, does not authorise a lathi-charge. Hearing petitions over alleged force used against Cockroach Janta Party (CJP) student protesters at Jantar Mantar and elsewhere, Chief Justice of India Surya Kant said the right to peaceful protest is "absolutely guaranteed" and cannot be denied.

A three-judge bench of CJI Surya Kant and Justices Joymalya Bagchi and V. Mohana was dealing with pleas that seek pan-India guidelines for peaceful protest and FIRs against officers for alleged excesses during the July 20 "Sansad Chalo" march and related NEET paper-leak demonstrations. The matter is listed again on Tuesday, 28 July.

What we can verify

• Oral remarks on lathi-charge: CJI Surya Kant said, "Right to peaceful protest is absolutely guaranteed. That cannot be denied. Merely because there is agitation cannot justify police excess." He added: "Just because there is an agitation does not mean there should be lathi charge. Self-evolved discipline is needed which is essential to democratic process." — Bar and Bench, Hindustan Times
• Uniform protocol sought: The CJI said protests need a nationwide protocol with "proper space and no restriction," while allowing action against anti-social elements, and that the issue is "not a question of Delhi only." — Bar and Bench, Indian Express
• Bench and next listing: The Court directed that connected petitions be heard on Tuesday, 28 July. Solicitor General Tushar Mehta told the bench the government would "assist the court dispassionately." — Bar and Bench
• Backdrop of the pleas: Petitions were filed after alleged force against protesters at Jantar Mantar in Delhi and during Bihar bandh actions linked to the NEET paper-leak agitation. Advocate Fauzia Shakil told the Court security forces used an AK-47 in Siwan during the Bihar bandh; Senior Advocate Vikas Singh said Bihar also saw attacks on students and sought an all-India order. — Bar and Bench, Live Law
• Police side in court: Counsel for police personnel present at the hearing alleged officers were "kicked, lynched literally" during the protests. — Hindustan Times
• Protest timeline (context): The Jantar Mantar sit-in was called off on 25 July after Union Education Minister Dharmendra Pradhan resigned. The agitation, launched by the online collective Cockroach Janta Party over repeated question-paper leaks, had escalated after climate activist Sonam Wangchuk joined a hunger strike and after the July 20 Parliament march, when clashes, lathi-charges and tear gas were reported. — Bar and Bench

What remains unverified

• Final directions: Monday's sitting produced oral observations and a next-date order. No written judgment or operative directions on FIRs, compensation, or a draft protest protocol were reported from the 27 July hearing. Outcome of the 28 July listing is pending. — Bar and Bench, Indian Express
• Bihar firing details: Counsel's in-court claim of AK-47 use in Siwan was recorded by legal reporters; independent official confirmation of weapon type, casualty figures, and chain of command from that specific incident was not established in the same reports. — Bar and Bench