Supreme Court Advocates’ Body Raises Alarm Over Police Action Against Student Protesters in Delhi

"The true measure of constitutional governance is not how the State responds to agreement, but how it responds to peaceful disagreement", the statement read.
The protesters were attempting to march towards Parliament House during the ongoing Monsoon Session of Parliament when police intervened to block their route, leading to a confrontation and the subsequent use of force.
The protesters were attempting to march towards Parliament House during the ongoing Monsoon Session of Parliament when police intervened to block their route, leading to a confrontation and the subsequent use of force.
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New Delhi– The Supreme Court Advocates-on-Record Association (SCAORA) has issued a strong condemnation of the Delhi Police’s use of force against student demonstrators in the national capital on Wednesday, terming the action a potential violation of constitutional guarantees and calling for an independent probe into the incident.

In an official statement signed by President Devvrat, SCAORA, the apex body representing lawyers authorized to practice before the Supreme Court expressed "deep concern" over reports and visuals emerging from New Delhi depicting law enforcement personnel using lathi charges and tear gas to disperse a group of students and young protesters.

The demonstrators had assembled to voice grievances regarding the integrity of public examinations and broader concerns over the future of the country's youth. According to reports, the protesters were attempting to march towards Parliament House during the ongoing Monsoon Session of Parliament when police intervened to block their route, leading to a confrontation and the subsequent use of force.

In its statement, the SCAORA underscored that while the State is empowered to maintain public order, the use of force against citizens exercising their fundamental rights must adhere to the constitutional requirements of legality, necessity, and proportionality.

"Peaceful dissent is not an act of defiance but an exercise of the fundamental freedoms guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution," the association noted. "The burden of justifying any use of force against citizens exercising their constitutional rights always rests upon the State."

The legal body invoked landmark Supreme Court judgments to reinforce its position, citing the 1973 ruling in Himat Lal K. Shah v. Commissioner of Police, Ahmedabad, which established that the right to hold peaceful public meetings cannot be made dependent upon executive discretion. It also referred to the 2012 judgment in Ramlila Maidan Incident, In re, where the apex court reiterated that police action against peaceful assemblies must satisfy stringent standards of necessity and proportionality.

The SCAORA has called upon the concerned authorities to ensure that any allegations of excessive use of force are examined independently and impartially. It further urged the administration to provide immediate medical assistance to those injured in the crackdown and to adopt a future engagement policy with peaceful protesters that is guided by restraint, dialogue, and unwavering fidelity to constitutional values.

"The strength of our Republic lies not in suppressing dissent but in protecting it within the framework of the Constitution," the statement read. "The true measure of constitutional governance is not how the State responds to agreement, but how it responds to peaceful disagreement."

The association’s statement comes amid growing political and civil society reactions to the day's events.

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