Supreme Court emphasizes right to peaceful protest; states "can't lathicharge just because there is agitation" amid ongoing protests
Manoj JhaRahul GandhiSupreme Court of India

Supreme Court emphasizes right to peaceful protest; states "can't lathicharge just because there is agitation" amid ongoing protests

The Supreme Court has reinforced the constitutional right to peaceful protest, stating that states cannot use lathicharge merely due to agitation. This comes amid ongoing protests and a plea regarding police actions during recent demonstrations, emphasizing the need for uniform protocols across states.

The Indian Express The Indian Express+1 source27 July 2026 · 06:19 UTC
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The Supreme Court has emphasized the right to peaceful protest, stating that states cannot resort to lathicharge simply due to agitation. This ruling comes in response to a plea regarding police actions during protests, particularly the crackdown on the Cockroach Janta Party protest in Delhi.12345

The court highlighted that the right to peaceful, lawful protest is absolutely guaranteed under the Constitution. It stated, “So long as it is peaceful agitation, merely because there is agitation, there can’t be lathicharge”. The court also called for an independent examination of any police excesses during protests.

The Supreme Court's ruling is particularly significant in light of recent events, including the July 20 protests where students faced police action involving tear gas and batons. “Thousands of youth were baton-charged, beaten, and pellet guns were used against them,” said Rahul Gandhi, the Leader of the Opposition, who accused the government of using extreme force to suppress dissent.7

The court has agreed to hear multiple petitions regarding these incidents, emphasizing the need for uniform protocols across states to ensure discipline in the democratic process. It also noted that “Police excesses must be inquired into” and called for an explanation from the government regarding the lack of adequate gear for police personnel injured during protests.

As demonstrations continue to spread across the country, the Supreme Court's stance reinforces the importance of protecting citizens' rights to protest peacefully.

Key Insight
“The Supreme Court's remarks come as protests intensified following police actions, with allegations of excessive force, including the use of pellet guns. Rahul Gandhi criticized the government's response, claiming that thousands of youth faced brutal treatment during the protests, highlighting the need for uniform guidelines on police conduct.”
CuriousCats studied:
1
The Indian ExpressThe Indian Express
“Days after the CJP protest ended, the Supreme Court agreed to hear a plea filed by RJD MP Manoj Jha over the police lathicharge against protesters in Jantar Mantar.”
The Indian Express →
2
NDTV
“The Supreme Court affirmed the constitutional right to peaceful protest without lathicharge during agitations”
NDTV →
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