Tezzbuzz Desk- The Supreme Court has made important comments while hearing the cases related to police action and alleged lathicharge during the student movement. The top court said that the students’ protest was completely peaceful and within the ambit of the Constitution. In such a situation, fair action should be taken against anyone who indulges in violence or takes law into his own hands during the protest. The court also made it clear that there will be an independent, impartial and transparent investigation into the alleged excesses and use of force by the police. The next hearing of the case will be on August 3.
A bench headed by the Chief Justice decided to hear all the petitions related to the case together. During the hearing, the court said that peaceful protests are an integral part of democracy and it enjoys constitutional protection. However, sometimes outside elements also get involved in such movements, who try to spoil the atmosphere. Action should be taken against such people as per law.
During the hearing, senior lawyers appearing for the students alleged that excessive force was used against the protesters in Delhi, Bihar, Madhya Pradesh and other states. Allegations such as use of pellet guns, electric batons, sticks studded with nails, alleged assault by plainclothes policemen and ill-treatment of women protesters were placed before the court. Media reports and video footage were also cited in support of these claims.
The Supreme Court said that if any policeman or officer has violated his limits then his responsibility should be fixed. The court made it clear that action against lower level employees alone would not be sufficient, but the role of the officers giving the orders also needs to be investigated. The court said that if responsibility is not fixed, the very purpose of the investigation will be defeated. During the hearing by a policeman during the student movement in Bihar AK-47 The issue of use of On behalf of the petitioners, it was said that the concerned policeman has been suspended, but accountability for the entire incident needs to be fixed. On this, the court said that all the cases will be investigated scientifically and the composition of the investigation committee or Special Investigation Team (SIT) will be decided later.
The Supreme Court also indicated that pre-existing guidelines for police action during protests may be reviewed. The court said that the guidelines issued in 2018 may need to be updated as per the current circumstances, so that clear and effective protocols can be implemented in such cases in future. Apart from this, it was also claimed before the court that many minor students were kept in custody for a long time and the protesters were treated illegally. On all these allegations, the Supreme Court said that the investigation should be completely independent, impartial and transparent and action will be taken against any person found violating the law as per the law.
The Supreme Court reiterated that peaceful protests are the constitutional right of citizens in a democracy. The court also clarified that neither the protesters have the right to violence nor the law enforcement agencies can use force beyond the prescribed procedure. The court will now hear the entire matter next on August 3, where the outline of the investigation and the further process will be considered.
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