The reiteration of simple facts can do a lot of good if it is done at the right time. Chief Justice of India Surya Kant’s statement that the right to peacefully protest is constitutionally protected and people taking part in a protest does not give the police licence to baton-charge them has come a bit late but it could still do some good.
The CJI’s statement comes against the backdrop of serious allegations of police excesses during the youth protests, especially on July 20, demanding the resignation of Dharmendra Pradhan as Union education minister taking responsibility of a series of lapses in the conduct of various examinations this year. It may be remembered that the the court had declined to hear a representation seeking an investigation into allegations of police atrocities and had dismissed the offer to produce videos of police baton-charging students.
Had the observation come at that time, it would have given the protesters more confidence in the democratic and judicial systems in the country.
There are reports of increased police surveillance and harassment of the protesters and those who extended a helping hand to them. Some say new First Information Reports (FIRs) are being filed against protesters.
App-based food delivery platforms were prevented from servicing the area. The government caused the shutting down of mobile Internet and metro stations, denying these facilities to people. While it is legal and mandated that those who broke the law are brought to book, the police cannot resort to their usual tactic of converting an investigation into a process of hunting and surveillance.
It is not just that baton-charging is a violation; any act of the state that comes in the way of peaceful protest is a violation of constitutional rights. The apex court must intervene and ensure that people are able to enjoy those constitutional protections and caution the state against obstructing it.
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