CJI Surya Kant underlined that the Constitution guarantees the right to peaceful protest. File
| Photo Credit: PTI
Chief Justice of India (CJI) Surya Kant on Monday (July 27, 2026) directed that a batch of petitions alleging police excesses during the July 20 crackdown on student protesters in the national capital be listed for hearing on Tuesday (July 28, 2026).
Although the petitions were scheduled to be taken up for hearing on Monday (July 26, 2026), the Bench agreed during mentioning hours to also list a series of impleadment applications filed in connection with the matter.
During the mention, the CJI underlined that the Constitution guarantees the right to peaceful protest. “So long as it is a peaceful agitation… merely because there is agitation, there cannot be [police excesses]. If there is excess committed, it should be independently examined,” he orally observed.
The observations came while the Bench was considering an urgent plea by a counsel seeking to intervene on behalf of the families of police personnel allegedly assaulted during the protests. “We would like to participate and present our perspective. Protect the police as well in uniform,” the counsel submitted.
Justice Joymalya Bagchi observed that the state must also explain whether adequate protective equipment and safeguards had been provided to police personnel deployed to manage large crowds. “We call upon the State to explain why adequate safeguards are not given to police personnel dealing with such large gatherings… adequate helmets should have been given,” he remarked.
Justice Bagchi stressed that injuries suffered by police personnel and protesters deserved equal consideration. “All injuries to individuals, be it a police officer or a protester, are of equal concern,” he said.
Calling for a uniform protocol to regulate police response during demonstrations, the CJI added that merely because a protest was underway, the police was not justified in using force. “There should be a protocol in place. Uniformity in protocol is required. Merely because there is agitation, it does not mean there should be a lathi charge. Discipline is integral to the democratic process,” he orally remarked.
The Delhi Police had denied using pellet guns against the protesters. The RAF, a specialised anti-riot force, had been deployed under the overall control of the Delhi Police during the July 20 operation
Published – July 27, 2026 11:33 am IST
