"Can't Lathicharge Just Because There Is Agitation": Supreme Court's Big Remark

The top court was hearing a batch of petitions seeking a probe into the incidents of July 20, when the protesting students' Sansad Chalo march to Parliament was statedly met with use of tear gas and batons.

27 Jul 2026, 05:28 · www.ndtv.com

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The Supreme Court affirmed the constitutional right to peaceful protest without lathicharge during agitations
Police baton-charged protesters on July 20 during the Sansad Chalo march near Parliament in Delhi
Petitions call for probe, compensation for injuries from the July 20 police action

What legal rights do protesters have if police use excessive force?

The Supreme Court on Monday made it clear: that the right to peaceful protest is "absolutely guaranteed" under the Constitution, underlining that there can't be lathicharge just because there is an agitation.

The top court was hearing a mentioning of a plea moved by RJD leader Manoj Jha flagging the use of force including AK-47 against protesters in Bihar. The court tagged this along with other petitions seeking a probe into the incidents of July 20, when the protesting students' Sansad Chalo march to Parliament was statedly met with use of tear gas and batons.

"The right to peaceful, lawful protest absolutely guaranteed under the Constitution. So long as it is peaceful agitation, merely because there is agitation, there can't be lathicharge," the top court said.

While hinting that the top court will consider bringing in pan-India guidelines on how police and security forces must deal with the protests, the court said that every citizen's right to protest peacefully is constitutionally guaranteed and must be protected. The top court also raised the issue of adequate safety gear to the police personnel.

"Police excesses must be inquired into. The governments must explain why adequate gears were not provided to police who were injured in protests," the Chief Justice said.

The bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana will hear the issue on Tuesday.

The top court has also agreed to hear separate plea alleging police personnel were beaten up during protests on NEET paper leak.

The riot police baton-charged protesters in Delhi as they tried to march to Parliament, escalating a protest over irregularities in major examinations. Protesters ran for cover as police in blue riot gear charged at them near the Jantar Mantar protest site, multiple videos from the protest site showed.

The pleas seek an independent investigation into the incidents, preservation of CCTV footage, body-camera recordings and other electronic evidence, besides compensation for protesters found to have suffered injuries.

Demonstrations at the protest site, in the heart of the national capital, intensified after the police action and began spreading to other parts of the country.

The Opposition parties, who threw their weight behind the protesters, disrupted proceedings in the lower house of Parliament, saying they would not allow any debate until Education Minister Dharmendra Pradhan resigns.

Rahul Gandhi, the Leader of the Opposition in the Lok Sabha, accused police of using pellet guns on some protesters on July 20, after meeting an injured demonstrator in hospital.

"Thousands of youth were baton-charged, beaten, and pellet guns were used against them," he told reporters.

Delhi Police has denied that its personnel used pellet guns during the July 20 protest, while the CRPF has not publicly responded to allegations involving the Rapid Action Force.

On Monday, Rahul Gandhi alleged that the government is using extreme force, including AK-47s and pellet guns, to suppress student voices across various states.

"The entire system is downright murderous against students. News is coming in that AK-47 bullets have been fired at protesting students in Bihar, and hundreds of students have been arrested with FIRs being filed against them," Gandhi said in his post.

The 36-day Cockroach Janta Party-led agitation ended on Saturday after the government accepted key demands of the protesters and Dharmendra Pradhan resigned as Education Minister.

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