The Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA) have condemned the Delhi Police’s action against student protesters in the national capital and called for an independent and impartial inquiry into allegations of excessive use of force during the demonstrations.
In separate resolutions on Tuesday, both bar bodies expressed concern over the alleged lathi charge and use of tear gas against students and young protesters who had assembled to raise concerns over alleged irregularities in public examinations, including the NEET-UG paper leak, and to demand the resignation of Union Education Minister Dharmendra Pradhan.
The SCBA stated that several students and members of the legal fraternity, including its own members, were injured during the police action. It said the alleged use of excessive and disproportionate force against peaceful protesters and advocates was unacceptable in a constitutional democracy governed by the rule of law.
The Association called for an immediate, impartial and time-bound inquiry to ascertain the circumstances leading to the incident, identify officials responsible for any excessive use of force and initiate appropriate legal action in accordance with law.
It also urged the authorities to ensure proper medical treatment and assistance for all injured students and advocates, take preventive measures to avoid similar incidents in the future, and reaffirmed its commitment to safeguarding constitutional rights, human dignity and the rule of law while expressing solidarity with those injured.
In a separate statement, SCAORA voiced deep concern over reports and visual material showing the alleged use of force by the Delhi Police against students and young protesters attempting to march towards Parliament during the Monsoon Session.
The Association observed that peaceful protest and dissent are protected under Articles 19(1)(a) and 19(1)(b) of the Constitution, guaranteeing the freedoms of speech, expression and peaceful assembly. It emphasised that although the State has the authority to maintain public order, any restriction on these fundamental rights must satisfy the constitutional tests 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, SCAORA stated that police action against peaceful assemblies must remain within constitutional limits and conform to established principles governing the exercise of State power. It maintained that the burden of justifying the use of force against citizens exercising their fundamental rights rests upon the State.
The Association called for an independent and impartial investigation into all allegations of excessive force, immediate medical assistance for those injured and urged the authorities to engage with peaceful protesters through dialogue, restraint and adherence to constitutional values. It further observed that the strength of a constitutional democracy lies in protecting peaceful dissent and ensuring that the rule of law prevails even in situations involving public disagreement.
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 protest, organised over alleged irregularities in public examinations and demands for reforms in the examination system, reportedly resulted in injuries to several protesters as well as members of the legal fraternity, prompting the two apex court bar associations to seek accountability and an independent fact-finding process.
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