In pleas seeking action over alleged police brutality during student protests over NEET paper leaks and irregularities, the Supreme Court today indicated that it may enquire from States/UTs as to why adequate safeguard measures, like protective helmets, are not provided to police personnel when handling large demonstrations.

The development came when the pleas were mentioned before a bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana.

While the cases were directed to be listed tomorrow, Justice Bagchi responded to a plea by some policemen's families, saying that questions may also be posed to State authorities.

The counsel for the policemen's families contended that some policemen had been "kicked" and "lynched" during the protests. On this, Justice Bagchi said that injury to either side was of equal concern to the court.

"All injury to individual, be it a police officer [or protestor] is of equal concern. [...] call upon the State to explain why adequate safeguards are not given to police who have to deal with these sort of large demonstrations - adequate number of helmets, etc." Justice Bagchi said.

CJI Kant added, "There should be a protocol in place. If someone wants to agitate an issue, they have a right to agitate. They should be provided proper space...in terms of that, there should not be any impediment. There should not be any restriction on that. But if there is someone else, some anti-social element, or somebody has done anything wrong, that ofcourse can be taken care of."

On Solicitor General Tushar Mehta's suggestion, the bench agreed to list all the matters tomorrow. "Please don't take an adversarial view...", the CJI said. Acknowledging the same, the SG replied, "we will assist your lordships dispassionately and without any adversarial approach".

Notably, the CJI also opined that if there has been use of excessive force, it warrants independent examination as to who was responsible, what kind of excesses were committed and what preventive measures can be taken for the future.

"If there is any excess committed, yes, there should be independent [examination]. Those should be examined...that who are the persons responsible, what kind of excesses have been committed, and what are the mandatory preventive measures/guidelines that can be followed in future to ensure...it's not a question of Delhi only. It's a question of all India. A uniformity in protocol is also required", the CJI said.

He also observed that there should be a sort of "self-evolved discipline" which is integral to the democratic process.

Also Read - 'Peaceful Protests Constitutionally Protected, Mere Agitation Can't Justify Lathi-Charge': CJI Suryakant In Pleas Over Jantar Mantar Police Action

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