Peacefully staging a protest is a fundamental constitutional right of citizens: Supreme Court

Supreme Court's observations on the Police lathi charge during the violent protest at Jantar Mantar

New Delhi – Peacefully staging a protest is a fundamental right guaranteed to citizens by the Constitution. The Police cannot justify a lathi charge merely because a protest or demonstration is taking place. If any excesses or acts of violence have occurred during a protest, they should be investigated independently. This issue is not confined to Delhi alone but concerns the entire country, the Supreme Court observed while hearing the matter relating to the Police lathi charge following the violent protest at Jantar Mantar. The Court also stated that it is essential to have uniform national guidelines for handling protests across the country. The matter will be heard again tomorrow.

Supreme Court on Jantar Mantar Protests: Peaceful protest is a fundamental right granted to citizens by the Constitution.

However, if a peaceful demonstration turns violent, police often have no alternative but to resort to a lathi-charge to restore order.

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— Sanatan Prabhat (@SanatanPrabhat) July 27, 2026

1. While questioning the Police lathi charge, the Court also expressed serious concern over attacks on Police personnel during protests. During the hearing, an advocate referred to attacks on Police officers by an agitated mob and the threats received by their family members.

2. In response, the Court observed that injuries sustained by Police personnel and attacks on them are equally serious matters of concern. The Court said it could ask the Government why adequate security had not been provided to the Police in such situations. Whether a Police officer or an ordinary citizen, every human life is equally valuable. The Court further emphasised that proper coordination and discipline between the Police and the administration are essential while dealing with protests. Self-discipline is the most important element in a democratic process.

3. The Court further observed that if people wish to hold peaceful protests, appropriate locations and clear guidelines should be designated for that purpose. Those who disrupt peaceful demonstrations or indulge in violence must face strict legal action. There should be a single set of guidelines for handling protests throughout the country so that such misuse of authority does not occur in any State.