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New Delhi: The Supreme Court has made an important comment regarding the police action taken during the student demonstration at Jantar Mantar in Delhi. A bench headed by Chief Justice (CJI) Surya Kant said that no movement can be made a reason for use of force on this basis alone. The court made it clear that peaceful and lawful protests are a protected right under the Constitution. During the hearing of the case, the court heard the arguments of both the petitioners and Delhi Police and directed to list the related petitions on Tuesday for detailed hearing.
During the hearing, the bench said that the mere fact that an agitation is going on somewhere does not give the police the right to lathicharge or use excessive force. The court said in its oral remarks that if excessive force has been used by the police, then there should be a fair investigation. The court also indicated that the need for a uniform police protocol across the country to deal with protests should be considered.
The petitioners alleged in the court that the police used excessive force against the students protesting at Jantar Mantar over examination-related issues. He said that during the peaceful protest there was lathi charge and many students misbehaved. The petition demands an independent investigation into the entire incident, action against the responsible officers and issuing clear guidelines for such cases in future.
During the hearing, Delhi Police told the court that maintaining law and order during the protest was a priority and the police took action as per the circumstances. Police said that there was a possibility of the situation worsening during the protest, hence necessary steps were taken. However, the court did not make any final comment on this and said that further decision would be taken only after considering the arguments of all the parties in detail.
During the earlier hearing in this case, controversy had also arisen regarding some comments of CJI Surya Kant. Media reports said the court declined to hear the case, but the CJI later clarified that such reports were factually incorrect. He said that at that time no formal petition was filed before the court, only a representation letter was mentioned. The court clarified that it has never refused to hear any formal petition.
The Supreme Court has listed all the related petitions for Tuesday. Now the court will hear in detail the legality of the police action, the allegations of the protesters and the role of the administration. This case is being seen as an important constitutional issue related to freedom of expression, right to peaceful demonstration and police accountability. All parties have their eyes fixed on the next hearing of the court.