Probe Needed Into Police Lathi-Charge on Protesters, Says Supreme Court
Every citizen has a constitutional right to protest peacefully and police cannot justify using force merely because a demonstration is underway, the Supreme Court observed on Monday, ordering a fair probe into excessive force.
July 28, 2026
New Delhi: The Supreme Court on Monday orally observed that every citizen has a legal right to hold peaceful demonstrations, and that lathi-charges by police during such protests cannot be justified. Noting that self-discipline is essential for a healthy democracy, the bench said any excessive use of force, whether by police or by protesters, must be investigated impartially. The court fixed Tuesday, July 28, for a combined hearing of multiple petitions filed over protest-related incidents across the country.
The bench, comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana, was hearing pleas arising from the police use of force against demonstrators at Jantar Mantar in Delhi and during unrest in Bihar. The petitioners have sought uniform, nationwide guidelines to ensure permission is granted for peaceful protests.
Justice Bagchi questioned why police were not equipped with adequate safety gear while managing large crowds, adding that instances of anti-social elements infiltrating protests also need to be examined seriously. Representing one of the petitioners, advocate Fauzia Shakeel told the court that security forces had used AK-47 rifles at Siwan during the Bihar bandh, urging the bench to take note of the incident.
Chief Justice Surya Kant observed that a clear procedure for conducting protests is necessary, including designated spaces free of unreasonable restrictions, while making it clear that appropriate action can still be taken if anti-social elements are involved. He added that the issue is not confined to Delhi alone and that consistency in procedure is required nationwide.
The Supreme Court’s combined hearing on the matter is scheduled for Tuesday, when further directions on protest guidelines may be issued.
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