Supreme Court makes strong remark on lathi-charge during student protest, says ‘right to peaceful protest is guaranteed under constitution’

New Delhi: In a significant development, the Supreme Court on Monday said that the constitution guarantees the right to peaceful protest and that a lathi-charge cannot be justified merely because a demonstration is taking place.

The top court made the observation in connection with the lathi-charge during the NEET paper leak protest on July 20. The Supreme Court made these remarks while hearing petitions seeking an independent investigation into the police’s use of lathi-charge and tear gas during the students’ ‘Parliament Chalo’ march on July 20.

In its observation, the Supreme Court made it clear that the right to peaceful protest is fully guaranteed under the Constitution and emphasized that a lathi-charge cannot be carried out merely because a protest is taking place.

Protests intensified after the lathi charge:

It is important to note that amid the ongoing protests over the NEET paper leak, demonstrators attempted to march towards Parliament in Delhi on July 20. Police responded with a lathi-charge on the protesters, following which the agitation intensified further.

A petition has been filed in the Supreme Court challenging the lathi-charge, seeking an independent investigation into the incident. The plea also calls for the preservation of CCTV footage, body-camera recordings, and other electronic evidence, along with compensation for protesters who were injured.

Meanwhile, Opposition MPs in the Lok Sabha backed the protesters and disrupted House proceedings, stating that they would not allow any debate until Education Minister Dharmendra Pradhan resigned.

Dharmendra Pradhan resigns amid mounting pressure

Union Education Minister Dharmendra Pradhan resigned on Saturday amid mounting pressure over the NEET paper leak controversy, with the Centre conceding the principal demand of the Cockroach Janata Party (CJP)-led agitation after weeks of protests that spread from the national capital to several parts of the country.

Pradhan announced his decision in a statement, saying the developments of the past 10 days had “saddened” him deeply and that the issue was “not a matter of personal prestige”.

Noting that he did not want “anti-national forces” to exploit the situation, Pradhan said he wanted to ensure that “the unity of the nation remains intact”, “the future of even a single student should not become entangled in legal complications” and that students devote their time to studies and building their careers.

“Keeping all these considerations in mind, I have sent my resignation to the Hon’ble Prime Minister,” he said.

Pradhan is the second union minister in Prime Minister Narendra Modi’s tenure to resign following a public controversy. The first was M J Akbar, who stepped down as minister of state for external affairs in 2018 after sexual harassment allegations surfaced against him during the #MeToo movement.

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