Supreme Court Upholds Right to Peaceful Protest Amid NEET Controversy

The Supreme Court has reinforced the constitutional right to peaceful protest, stating that police violence cannot be justified by public agitation. This ruling comes amid ongoing student protests regarding the NEET paper leak controversy. The court will hear petitions from students and police families affected by the protests, emphasizing the need for a standardized protocol for public demonstrations. The Chief Justice highlighted the importance of protecting the rights of all individuals and maintaining order without resorting to force. This decision is pivotal in balancing democratic rights with law enforcement responsibilities.

By Narendra Chaudhary Jul 27, 2026, 11:52 IST

Supreme Court's Stance on Peaceful Protests

Police drag away a protester during the NEET protest at Jantar Mantar on July 20. (Photo:PTI)

New Delhi, July 27: The Supreme Court reaffirmed on Monday that the right to peaceful protest is a constitutional guarantee, stating that police brutality cannot be justified simply due to public agitation.

A bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and V Mohana, has agreed to hear the petitions on Tuesday.

In addition to the students' petitions, the court will also consider a separate plea from family members of police officers who reportedly faced violence during the protests.

Chief Justice Kant remarked, "The right to peaceful protest is absolutely guaranteed. That cannot be denied. Merely because there is agitation cannot justify police excesses."

When a lawyer pointed out that police personnel were also attacked during the protests, the bench stressed the importance of protecting the safety of all individuals.

"The life of every individual, irrespective of who they are, is important," the bench stated.

The court highlighted the necessity for a standardized protocol governing public protests nationwide to balance citizens' democratic rights with law enforcement needs.

"There should be a protocol in place. There should be proper space and no restriction. But if there are some anti-social elements, that can be managed. This is not just a question for Delhi; uniformity of protocol is essential," the bench noted.

It further commented that the mere presence of protests should not justify the use of force. "Just because there is agitation, it does not mean there should be lathi charge," the Chief Justice added, emphasizing that "self-evolved discipline is necessary for the democratic process."

The bench encouraged all parties to assist the court in a non-adversarial manner, while Solicitor General Tushar Mehta, representing the Centre, assured the court of his dispassionate assistance.

The petitions arise from claims of police excesses during nationwide student protests regarding the alleged NEET paper leak and other examination irregularities.

Students organized demonstrations in various states, demanding accountability and action regarding the issue.

One notable incident was the July 20 march in Delhi, led by the Cockroach Janta Party, which resulted in clashes between protesters and security forces.

Police reportedly employed lathis and tear gas to disperse demonstrators who were attempting to march towards Parliament, with protesters calling for the resignation of then Union Education Minister Dharmendra Pradhan over the NEET paper leak scandal.

The Supreme Court had previously agreed to hear the petitions on Monday and scheduled the matter for further consideration on Tuesday.