New Delhi: The Supreme Court on Tuesday observed that the CJP student protest was, at first glance, a peaceful demonstration and reiterated that the right to protest is a constitutional right. The court said any use of excessive force by police would be dealt with in accordance with the law.
Hearing petitions challenging the police action during the protests, a Bench headed by Chief Justice Surya Kant directed the immediate release of protesters below the age of 18 who have no criminal record.
The Bench said that, prima facie, the matter warranted an independent and impartial investigation into the allegations surrounding the police action.
The court also observed that the existing guidelines governing police action during protests should be reviewed, noting that the framework formulated in 2018 may need updating to reflect present-day circumstances. It said the effectiveness of the guidelines in 2026 should be examined so that standard police protocols can be implemented as soon as demonstrations begin.
During the hearing, Solicitor General Tushar Mehta submitted that while students have the right to hold peaceful protests, those who violate the law should face legal consequences. He also informed the court that more than 250 police personnel had been injured during the unrest.
In response, the Bench said an independent investigation would ensure a fair examination of the allegations made by both the protesters and the police.
The matter has been listed for further hearing on August 3.
