Background
The Court observed that authorities should exercise restraint when responding to student protests, emphasizing that counselling and engaging in dialogue with protesters are often more effective than the use of force.
The Supreme Court on Wednesday observed that authorities should make an effort to understand the concerns of protesting youngsters instead of allowing situations to escalate into violence.
A Bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohan was hearing a plea filed by retired Air Force officers seeking action against the organisers of the Jantar Mantar protests for their alleged role in the demonstrations held on July 20.
The petition alleged that statements made by leaders of the Cockroach Janta Party (CJP) had incited the protesters.
During the hearing, CJI Kant emphasised the need for restraint while dealing with demonstrations.
“We need to tread carefully so that these youngsters do not indulge in violence. The better course is to counsel them and pacify them. The most powerful tool is listening. Listen to them and understand why they are shouting,” CJI Kant observed.
The Supreme Court on Tuesday heard a batch of petitions arising from the nationwide protests held at Delhi’s Jantar Mantar and other locations across India over repeated question paper leaks.
The protests began in June after the online collective Cockroach Janta Party (CJP) called for the resignation of then Union Education Minister Dharmendra Pradhan, citing repeated incidents of question paper leaks.
The demonstrations culminated in a “Sansad Chalo” march towards Parliament on July 20, despite the Delhi Police stating that permission had not been granted for the march.
Clashes broke out during the march, with allegations that the police used disproportionate force, including lathi charges, tear gas, and pellet guns, to disperse the student protesters.
Dharmendra Pradhan resigned on July 25, following which the protests were called off.
Notably, on July 28, the Supreme Court directed that no coercive action be taken against the protesters and ordered the immediate release of minors who had been detained by the police in different States.
The petition before the Court on Tuesday was filed by retired Air Force officers seeking action against the organisers of the protests.
Appearing for the petitioners, counsel argued that while accountability had been sought from the government and the police for the events of July 20, no action had been taken against the organisers even after 15 days. The counsel submitted that the organisers continued to make provocative public statements and should also be held responsible for the violence that followed.
The counsel further argued that organisers of public gatherings are routinely held accountable for lapses.
“Even where there is a congregation, such as a religious gathering, if there is an act of negligence or even a fire in the pandal, the organisers are held responsible. In fact, they are the first to be held accountable, whether it is an act of God, a stampede, or any other incident. In the present case, if the Government is on the back foot, society cannot be on the back foot. The law cannot be on the back foot,” the counsel submitted.
He further contended that permitting protesters to violate police-imposed restrictions and attempt to march towards Parliament despite being denied permission would set a dangerous precedent.
The counsel also raised concerns regarding the security implications of the march, arguing that the authorities could not have known whether anyone in the crowd was carrying weapons.
“What if they had opened fire? They were not marching on a national highway. They were not marching on a railway line. They were marching towards the temple of democracy. Everyone must be held accountable,” the counsel submitted.
Responding to the submissions, Chief Justice Kant observed that the priority should be to facilitate peaceful protests while ensuring that such situations do not spiral out of control.
“What is important is to promote a peaceful march. If some incident takes place, the police also need to exercise a great deal of restraint to ensure that the situation does not go out of hand. Wherever such incidents take place, we need to deal with them very carefully,” he observed.
The Chief Justice further stated that decisions on handling such situations should be left to the law enforcement authorities.
“But let us leave it to the wisdom of the law-enforcement agencies. They know better than you, and they know better than us, how to deal with this kind of situation,” CJI Kant remarked.
Noting that another pending petition raised issues from the opposite perspective, the Court observed that both matters should be heard together.
Accordingly, the Supreme Court issued notice on the plea filed by the retired Air Force officers and directed that it be tagged with the batch of pending petitions concerning the protests.
