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New Delhi: The Supreme Court on Monday reaffirmed that the Constitution fully protects the right to peaceful protest, observing that the police cannot resort to lathicharge merely because people are staging an agitation.

The remarks came while the apex court was hearing a batch of petitions seeking an investigation into the July 20 incident, when students marching towards Parliament as part of the ‘Sansad Chalo’ protest allegedly faced tear gas shelling and baton charges by the police.

“The right to peaceful, lawful protest absolutely guaranteed under the Constitution. So long as it is peaceful agitation, merely because there is agitation, there can’t be lathicharge,” the Supreme Court. “Police excesses must be inquired into. The government must explain why adequate gears were not provided to police who were injured in protests,” it further added. 

The Court also said that it will consider setting up pan-India uniform guidelines on the issue. It also agreed to hear a separate plea which alleges that police personnel were beaten up during protests on NEET paper leak.

The petitions have sought an independent probe into the July 20 incidents, along with directions to preserve CCTV footage, body-camera recordings, and other electronic evidence. They also seek compensation for protesters who were injured during the police action.

Leader of Opposition Rahul Gandhi on Sunday also wrote a letter to Home Minister Amit Shah demanding accountability for police action that took place against student protests in Delhi on July 20, 2026. He wrote, “I write to demand accountability for the barbaric assault on students who were peacefully protesting in Delhi on July 20, 2026. Our students were demanding a fair and accountable education system. Instead of being heard, security forces assaulted them with indiscriminate force, including lethal weapons and tear gas.”