New Delhi, July 27: The Supreme Court on Monday reaffirmed that the right to peaceful protest is a fundamental constitutional guarantee and observed that the presence of a demonstration alone cannot be used to justify alleged police excesses against protesters.

A Bench headed by Chief Justice of India Surya Kant made the remarks while hearing a case related to allegations of police action during a students' protest. The court also underlined the need for a uniform national framework to regulate peaceful demonstrations while enabling authorities to take action against anti social elements attempting to create disturbances.

The Chief Justice observed that the Constitution guarantees citizens the right to hold peaceful protests and said this right cannot be denied. He added that the existence of an agitation does not, by itself, justify excessive use of force by law enforcement agencies.

During the hearing, the Bench also took note of allegations that police personnel were attacked during the protest. Justice Joymalya Bagchi observed that injuries suffered by police officers were equally serious and suggested that the State should clarify whether adequate measures had been taken to ensure their safety.

The court further said there should be a clear and consistent protocol for organising peaceful protests, including designated spaces where demonstrations can take place without obstruction. At the same time, it said authorities should be empowered to act against individuals who attempt to disrupt peaceful gatherings.

Emphasising the need for a nationwide approach, the Bench said it was considering the formulation of mandatory guidelines to bring uniformity in the handling of peaceful protests across the country. The Chief Justice also noted that self discipline by all stakeholders is essential for the effective functioning of such a framework.

The matter has been listed for further hearing on Tuesday.