Student Protest : SCBA President Vikas Singh Writes To PM & HM Seeking Inquiry Into Police Lathi Charge, Suspension Of Delhi Police Commissioner

Vikas Singh, Senior Advocate and President of the Supreme Court Bar Association, has written a letter to the Office of the Prime Minister and the Union Home Ministry raising issues over the use of disproportionate force by the police during the recent 'Chalo Sansad' protests. He has sought a judicial inquiry into the excesses by the police and immediate action against those police officers who have used force unprovoked. 

In his letter, Singh has highlighted cases where the police assaulted advocates peacefully participating in the demonstration, including a case where Senior Advocate Sanjay Hegde's son was beaten by the police. Further, he has cited news reports of cases where force has been used against minors and women, the use of tear gas and riot force, and obstruction of journalists in recording violations, etc.

He has expressed that the suppression of protesters via government machinery, including using force against those providing medical and humanitarian aid, and journalists documenting violations, signifies a "terrifying" collapse of executive restraints and a complete breakdown of constitutional order. He has termed such actions on the part of law enforcement as a violation of Section 148 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which prohibits the use of force as a first resort in cases of unlawful assemblies.

Additionally, Singh writes in his letter that the police's actions appear to be prima facie in violation of the administrative rules and the Delhi Police Manual, especially in cases where lathi charges have been done above the waist of protestors in violation of the statutory mandate and the failure of the police officers on public-order duty to have their name plates displayed.

"The apex court of the country has consistently held that the police force must be minimal, preventive, and never punitive, and that violence against citizens "peacefully" exercising their rights under Article 19(1)(a) and Article 19(1)(b) is unconstitutional. The law of the land is absolutely clear that while limited force may sometimes be necessary, any excess, especially force beyond what is absolutely required, amounts to human rights violation."

Through his letter, Singh has urged the high offices to conduct a time-bound inquiry headed by a judge of the Supreme Court to examine the unprovoked nature of police force on protestors, and investigate larger issues of paper leaks and other irregularities. He has additionally sought an immediate suspension of the Police Commissioner in Delhi. 

Singh has reasoned that the students are forced to protest when there are chronic institutional lapses on the part of the State examination bodies, which jeopardise the right to equal opportunities and the livelihood of the students. He has mentioned the alarming rate of suicides among students, often linked to academic pressure, career uncertainty and repeated disruptions in competition examinations. 

"When no authority accepts accountability for lost years, squandered opportunities, and lives derailed at the mercy of those in power, young citizens are left with no recourse but to lose entirely or to peacefully take to the streets to demand basic institutional integrity," he said.

In his letter, Singh has cited the videos of YouTuber Samdish, and reports of The Newslaundry, The Wire and The Scroll regarding the police action.

The Supreme Court Bar Association and the Supreme Court Advocates-on-Record Association have also issued statements condemning the use of force against student protesters in Delhi and called for an independent inquiry into allegations of excessive police action. Yesterday, Senior Advocate Kapil Sibal also condemned the action of the police officers and sought an independent investigation.