The Supreme Court on Wednesday underscored the need for a sensitive approach towards student protests, observing that authorities should seek to understand the grievances of agitating youngsters instead of allowing situations to spiral into violence.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohan made the observations while hearing a petition filed by a group of retired Air Force officers seeking action against the organisers of the July 20 Jantar Mantar protests over alleged incitement that culminated in clashes with the police.
The case forms part of a larger batch of petitions arising out of nationwide demonstrations over repeated question paper leaks, which have triggered widespread anger among students and raised concerns over the integrity of public examinations.
Emphasising that engagement, rather than confrontation, should be the first response, CJI Kant said the State must make an effort to hear the concerns of young protesters.
“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,” the Chief Justice observed.
The protests began in June after the online collective Cockroach Janta Party (CJP) called for demonstrations demanding the resignation of the then Union Education Minister Dharmendra Pradhan over repeated examination paper leaks. The agitation turned violent during a Sansad Chalo march on July 20 after the Delhi Police refused permission for the protesters to march towards Parliament.
The march witnessed violent clashes between protesters and the police, with allegations that law enforcement personnel resorted to lathi charges, tear gas shells and pellet guns to disperse the crowd. Pradhan resigned on July 25, after which the protests were called off.
The Supreme Court has already intervened in the matter. On July 28, it directed that no coercive action be taken against the protesters and ordered the immediate release of minors detained in connection with the demonstrations across various States.
During Wednesday's hearing, counsel appearing for the retired Air Force officers argued that while the government and police had been questioned over their handling of the protests, no accountability had been fixed on the organisers despite what he described as provocative speeches that allegedly incited violence.
Drawing a comparison with organisers of religious gatherings, the counsel argued that event organisers are routinely held responsible for negligence, stampedes or other incidents occurring during public events and that the same principle should apply in the present case.
He further contended that allowing demonstrators to violate police restrictions and march towards Parliament despite the denial of permission would set a dangerous precedent and pose serious security risks.
“What if they had opened fire? They were not marching on a national highway. They were marching towards the temple of democracy. Everyone must be held accountable,” the counsel submitted, arguing that authorities could not have known whether members of the crowd were carrying weapons.
The Chief Justice, however, reiterated that the priority should be to facilitate peaceful demonstrations while ensuring that the situation does not get out of hand. Stressing the need for restraint by law enforcement agencies as well, he observed that the handling of such situations requires careful judgment.
“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,” CJI Kant said.
He added that operational decisions on maintaining law and order should largely be left to the expertise of police authorities.
“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,” the bench observed.
Noting that another petition before it raises grievances from the perspective of the student protesters, the Court said both matters ought to be considered together. It issued notice on the plea filed by the retired Air Force officers and directed that it be tagged with the pending batch of petitions concerning the July protests over examination paper leaks.
