Beef Fest At IIT: Madras High Court Says Students Have Right To Protest But Cannot Be Permitted To Go Berserk

The bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu closed the petitions after noting that six FIRs have already been registered and that the cases are pending before the trial court. 

"Six FIRs were registered. The trial court is hearing the matter ... so we do not want to discuss the merits of the case or express our comments on it," the bench said.

The court also said that even though students have the right to protest but they must do so in a peaceful manner in accordance with law.

"They have rights but there is a way to exercise rights. It is true that students must be handled delicately but at the same time, students can't be permitted to go berserk. It says here they were squatting on roads, obstructing traffic, being part of unlawful assembly," the court added

Noting that as per police report, the students too had resorted to lawlessness, the court asked why action should not be taken against all the protesting students who had engaged in lawlessness.

"You are asking for a Committee and action against some people. But what about you? Should action not be taken against the students who squatted on the roads, obstructing traffic, and breaking laws?... Why should action not be taken against them. They must have all passed out by now," the court said.

The petitioner, Ditty Mathew and other students had filed the present petition seeking directions for constituting a committee headed by a retired judge of the High Court for suggestions to ensure that no incidents of violence take place on the campus. The petitioners also sought action against the police officials who had attacked the students during protests.

Case Title: Ditty Mathew v. The Secretary and others (and connected case)

Citation: 2023 LiveLaw (Mad) 166

Case No: WP/14581/2017