Crackdown on Delhi protests: SC says right to peaceful protest constitutionally protected, considers framework guidelines

The Supreme Court on Monday (July 27, 2026) noted that the constitutional right to peaceful protest must be protected and indicated it may consider creating uniform guidelines to regulate police behavior during large-scale demonstrations.

A bench headed by Chief Justice of India (CJI) Surya Kant said it was equally concerned about the injuries sustained by both protesters and police personnel during such protests, stressing that “self-discipline” by both citizens and law enforcement was necessary for the functioning of a democracy.

“The right to peaceful protest is absolutely guaranteed by the Constitution. As long as it is a peaceful agitation, just because there is agitation, there cannot be (police excesses)… If there is police excess, it should be independently investigated. Just because there is an agitation, it does not mean that there should be lathi charge. Discipline is an integral part of the democratic process,” the chief justice remarked orally.

The oral observations came at a time when several petitions related to the nationwide protests over the leak of trial documents were listed before a Bench that also included Justices Joymalya Bagchi and V. Mohan. These included petitions citing police excesses during the July 20 parliamentary march led by the Cockroach Janta Party (CJP) and also petitions regarding the alleged “aerial firing” by police personnel in Bihar’s Siwan during the Saturday (July 25, 2026) Bihar bandh called by the All India Students’ Association (AISA) over the NEET leak.

Dharmendra Pradhan resigned as Union Education Minister on Saturday (July 25, 2026) after protests spread to several states and turned into a major political crisis for the Narendra Modi government. Union Minister Pralhad Joshi took charge as the new Education Minister on Sunday (July 26, 2026). Meanwhile, the Union government, in a bid to strengthen the anti-cheating law, has proposed the Public Examinations (Prevention of Fraudulent Means) Amendment Bill, 2026, which seeks to increase the penalties for those involved in fraudulent means, including leaking public examination question papers, from three to five years of imprisonment to five to 10 years. It also proposes to increase the maximum fine from ₹10 million to ₹50 million. A copy of the bill was sent to members of parliament on Saturday.

Referring to one of the urgent listing applications, advocate Fauzia Shakil, appearing for Rajya Sabha member Manoj Jha, told the court that a voluminous writ petition was filed containing material relating to police action, including the alleged firing of protesters in Bihar’s Siwan district.

“We have submitted a written application with comprehensive information, including the firing from Bihar… AK-47 was used in Siwan… we have submitted the data,” Ms Shakil added.

The chief justice said a petition seeking all-India directions to regulate protests has already been seized in the court. “There is a petition seeking all-India directions for protests etc. There is a right to peaceful protest. It is allowed,” he observed after senior advocate Gopal Sankaranarayanan, appearing for the petitioner’s counsel Shailesh Mani Tripathi, said his plea sought such directions.

“The police literally lynched”

On Monday (July 27, 2026), senior advocate Sreedhar Pottaraju brought to the notice of the bench that a petition had been filed on behalf of the families of the police officers who were allegedly attacked during the July 20 parliamentary march. Seeking to intervene in the proceedings, he stated: “I represent the families of police officers who were brutally beaten. We would like to attend, my lords, and present our perspective. Protect the police in uniform as well.”

Mr Pottaraju added that while “there was no question of defending excesses”, the rights of police personnel in uniform also deserved protection. “There are videos going around. They were kicked, literally lynched,” he added.

Responding to the submission, Justice Bagchi said the court’s concerns also related to the injuries allegedly sustained by the police officers. He noted that state authorities would be asked to explain whether police officers deployed to manage large crowds were provided with adequate protective gear and safety equipment.

“Injuries to all individuals, be they police officers or anyone else, concern us equally. We may call upon the state to explain why the police personnel were not provided with adequate protective gear, pads, helmets, etc.,” the judge noted.

‘Unified Protocol’

Senior advocate Vikas Singh urged the court to lay down uniform guidelines governing police action during the protests, pointing out that allegations of police excesses were not limited to Delhi but surfaced across the country. “There needs to be pan-India guidelines and some kind of balancing act,” he said.

The Chief Justice agreed that standard operating protocol appeared to be necessary. “There must be a protocol. Everyone has the right to protest if it is with proper permission and at designated places. But if something has been done by some anti-social elements, that can also be investigated,” he noted.

Pleas to be heard on July 28

Since the issues raised transcended any individual state, the CJI said all the pending petitions would be heard together on Tuesday (July 28, 2026). He also reassured the petitioners saying that the court would look into allegations of excessive use of force by the police as well as violent incidents during the protests.

“Tomorrow we will list all the issues. Don’t take it negatively. If there are excesses, it can be investigated dispassionately… who did it etc. It cannot also happen that there is violence during these protests,” CJI Kant said.

Solicitor General Tushar Mehta, appearing for the Delhi Police, said the police had no objection to hearing all the petitions together. “We do not take it negatively. Let all matters be discussed together,” he added.

The bench then ordered that all the pending petitions be listed together for hearing on Tuesday (July 28, 2026).

On 24 July 2026, the Supreme Court agreed to hear on Monday two freshly filed petitions alleging police excesses during the crackdown on student protesters in the capital on 20 July. The development came hours after the chief justice clarified in open court that “no petition was filed earlier” in the matter and slammed “reckless” reports suggesting the court had refused to list such a matter.

The comments came two days after the court refused to initiate suo motu proceedings on advocate Narendra Mishra’s oral plea to take cognizance of alleged police brutality during the July 20 parliamentary march organized by the CJP.

Meanwhile, after The Hindu reported that two unarmed protesters were hit by bullets allegedly fired by Rapid Action Force (RAF) personnel, the Central Reserve Police Force (CRPF) said on Friday (July 24, 2026) that it was “verifying media reports”. A CRPF official said that no action has been taken yet as the truth is still being ascertained.

The Delhi Police had earlier denied using firearms against the protesters. During the July 20 operation, the RAF, a specialized counter-insurgency unit, was deployed under the overall control of the Delhi Police. One of the injured protesters, 19-year-old Sahil Lochab, risks losing sight in his right eye after a bullet pierced his pupil.

Published – 27 Jul 2026 11:33 IST