Supreme Court Bar Bodies Condemn Delhi Police Action Against Student Protesters, Seek Independent Probe

The Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA) on Tuesday issued statements condemning the use of force against student protesters in Delhi and called for an independent inquiry into allegations of excessive police action.In its resolution, the SCBA stated, “The Supreme Court Bar Association strongly condemns the brutal lathi charge on innocent students, which resulted in several students sustaining serious injuries. Members of the legal fraternity, including members of the SCBA, were also injured during the incident.”It said that members of the Bar, including SCBA members, were also injured during the incident. The Association stated that the use of excessive and disproportionate force against peaceful students and members of the Bar was wholly unacceptable in a democratic society. The SCBA called upon the authorities to conduct an immediate, impartial and time-bound inquiry into the incident, identify those responsible for the alleged excessive use of force and take appropriate action. “The use of excessive and disproportionate force against peaceful students and members of the Bar is deeply disturbing and wholly unacceptable in a democratic society. The SCBA calls upon the concerned authorities to conduct an immediate, impartial and time-bound inquiry into the incident, identify those responsible for the excessive use of force, and take appropriate action in accordance with law.”It also urged the authorities to ensure proper medical treatment and assistance for all injured students and members of the legal fraternity and to take necessary measures to prevent recurrence of such incidents. The Association expressed solidarity with those injured and reiterated its commitment to protecting constitutional rights, human dignity and the rule of law. In a separate statement, SCAORA expressed deep concern over reports and visuals depicting the use of force by the Delhi Police against students and young protesters who had assembled to peacefully voice grievances concerning the integrity of public examinations and the future of the country's youth. It referred to reports indicating that lathi charges and tear gas were used to disperse demonstrators seeking to march towards Parliament during the Monsoon Session. SCAORA emphasised that peaceful dissent is an exercise of the freedoms guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution and while the State is empowered to maintain public order, any restriction on these freedoms must satisfy the constitutional requirements of legality, necessity and proportionality. Referring to the Supreme Court's decisions in Himat Lal K. Shah v. Commissioner of Police, Ahmedabad and Ramlila Maidan Incident, In re, it stressed that police action against peaceful assemblies must conform to constitutional standards. “In a constitutional democracy, peaceful dissent is not an act of defiance but an exercise of the fundamental freedoms guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution. While the State is empowered to maintain public order, every restriction on these freedoms must satisfy the constitutional requirements of legality, necessity and proportionality. The burden of justifying any use of force against citizens exercising their constitutional rights always rests upon the State”, the resolution stated.The Association also called for any allegation of excessive use of force to be independently and impartially examined, and sought immediate medical assistance for those injured. It further urged the authorities that future engagement with peaceful protesters be guided by restraint, dialogue and fidelity to constitutional values. “The strength of our Republic lies not in suppressing dissent but in protecting it within the framework of the Constitution. The true measure of constitutional governance is not how the State responds to agreement, but how it responds to peaceful disagreement. At moments such as these, adherence to constitutional liberties remains the surest safeguard of the rule of law”, the SCAORA statement reads.The statements were issued after Delhi Police used lathi charge and tear gas to disperse thousands of students and young protesters attempting to march towards Parliament during the Monsoon Session. The march, organised amid protests over irregularities in public examinations, including the recent NEET UG paper leak, sought the resignation of Union Education Minister Dharmendra Pradhan. The police action left several protesters and members of the legal fraternity injured.Click Here To Read SCBA ResolutionClick Here To Read SCAORA Resolution

Supreme Court Bar Bodies Condemn Delhi Police Action Against Student Protesters, Seek Independent Probe

Amisha Shrivastava

The associations demanded action against policemen who used excessive force.

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Amisha Shrivastava

Supreme Court Bar Bodies Condemn Delhi Police Action Against Student Protesters, Seek Independent Probe

Amisha Shrivastava

The associations demanded action against policemen who used excessive force.

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Amisha Shrivastava

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