The Supreme Court of India has delivered one of its strongest observations yet on the police response to the nationwide student protests over the alleged NEET paper leak.
The SC said that the right to peaceful protest is a constitutional guarantee and that police cannot resort to a lathi charge simply because people are demonstrating.
At the same time, it emphasized that protesters also cannot take the law into their own hands.
The hearing comes after weeks of controversy surrounding the 20 July student protest in New Delhi over the alleged NEET paper leak.
The Opposition has accused the police of using excessive force, including the reported use of pellet guns against demonstrators marching toward Parliament.
Several petitions before the Supreme Court have also alleged police violence in different states.
One petition claims that a police officer in Bihar used an AK-47 during action against peaceful protesters. Another alleges that protest volunteer Junaid Malik and members of his family were assaulted by police in New Delhi.
The Supreme Court has not reached any conclusions on these allegations. However, it observed that the claims are serious enough to warrant closer scrutiny.
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Chief Justice of India Surya Khan said the material placed before the Court indicates that, at first glance, there is a prima facie case involving allegations of violence. That, the Court said, is why all the petitions are being heard together.
The bench observed that anyone who committed excesses or took the law into their own hands must be brought to justice. It added that once established protocols are violated, the law must take its course.
The judges also indicated that a transparent inquiry by an independent commission may be the best way to establish the facts. According to the Court, such an inquiry should not only determine responsibility but also help develop a standard protocol for handling large public protests in the future.
In other words, the case is not just about what happened on 20 July. It is also about preventing similar controversies during future demonstrations.
The Centre, however, told the Supreme Court that the situation is more complex. Appearing for the Union Government and the Delhi Police, Solicitor General Tushar Mehta said that if police personnel used excessive force, they should certainly face action. At the same time, he pointed out that more than 250 police personnel were injured during the protest.
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As Mehta argued, there is "one truth, another truth, and then another truth," and only a proper inquiry can establish what actually happened.
That prompted another important question from the bench: Who attacked the police? Were they students or outsiders?
The government responded that it does not believe students were responsible for the attacks on police personnel. Instead, it argued that the violence may have been carried out by miscreants or uninvited elements who infiltrated the protest.
Justice Joy Mala Bakhti also cautioned against blaming an entire movement for the actions of a few individuals. He observed that there are often people who attempt to discredit an otherwise peaceful protest.
For now, the Supreme Court's message remains balanced and unequivocal. If the police exceeded their powers, those responsible must face accountability.
Equally, if protesters or outsiders engaged in violence, they too must be held accountable under the law.
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