“The use of excessive and disproportionate force against peaceful students and members of the Bar is deeply disturbing and wholly unacceptable in a democratic society.”

- Supreme Court Bar Association

The Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA) have condemned the use of force against student protesters in Delhi and called for an independent inquiry into allegations of excessive use of force by the police.

“The Supreme Court Bar Association strongly condemns the brutal lathi charge on innocent students, which resulted in several students sustaining serious injuries. Members of the legal fraternity, including members of the SCBA, were also injured during the incident,” the SCBA said in its resolution.

“The use of excessive and disproportionate force against peaceful students and members of the Bar is deeply disturbing and wholly unacceptable in a democratic society. The SCBA calls upon the authorities concerned to conduct an immediate, impartial and time-bound inquiry into the incident, identify those responsible for the excessive use of force and take appropriate action in accordance with law,” the SCBA said.

Referring to reports indicating that lathi charges and tear gas were used to disperse demonstrators seeking to march towards Parliament during the Monsoon Session, the SCAORA expressed deep concern over reports and visuals depicting the use of force by the Delhi Police against students and young protesters assembled to peacefully voice grievances concerning the integrity of public examinations and the future of the country's youth.

“In a constitutional democracy, 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. While the State is empowered to maintain public order, every restriction on these freedoms must satisfy the constitutional requirements of legality, necessity and proportionality. The burden of justifying any use of force against citizens exercising their constitutional rights always rests upon the State”, the SCAORA resolution read.

“The strength of our Republic lies not in suppressing dissent but in protecting it within the framework of the Constitution. The true measure of constitutional governance is not how the State responds to agreement, but how it responds to peaceful disagreement. At moments such as these, adherence to constitutional liberties remains the surest safeguard of the rule of law”, the SCAORA said.