Justice Ujjal Bhuyan On Police Assaulting Protestors: "Very, Very Distressing To Observe"

Justice Ujjal Bhuyan of the Supreme Court recently shared that it was " very, very distressing" to see police officers assaulting protestors at Jantar Mantar in July and "a matter of grave concern".

The Supreme Court judge has reportedly made the remarks at the launch of "Policing the Republic", a book by former secretary (security) Yashovardhan Azad.

"All of us are dismayed when we see young police officers personally going and assaulting protesters and demonstrators. This is something very, very distressing to observe. The detachment expected of police officers somehow seems to be disappearing, and this is indeed a matter of grave concern," Justice Bhuyan said.

Justice Bhuyan also made a reference to the landmark judgment of DK Basu vs. State of West Bengal wherein the Supreme Court laid down directions on arrest and interrogation by police officers, and added: "D.K. Basu didn't stop at that. Supreme Court endorsed the need for compensating the victims whose human rights were violated."

"For most common people, a policeman on the street wearing a whistle and a lathi represents the power and authority of the state. When they feel wronged, they seek the help of the police. It is, therefore, of utmost importance that the police force maintains its credibility...It can do so only by strictly adhering to the Constitution, by functioning as a truly professional force, acting impartially, displaying courage and acting with conviction, maintaining integrity and adhering to secular principles, thereby upholding the rule of law," Justice Bhuyan added.

Just last week, Justice Bhuyan had said that students expressing a different point of view or asking questions cannot be threatened with punitive action, as such an approach is unconstitutional and a misuse of power.

While speaking at the 13th convocation ceremony for the LLM students of National Law University, Delhi the supreme court judge said, "When students express a different point of view, when students ask questions, they cannot be threatened with punitive action. That is unconstitutional. That is a misuse of power and office..It's (university) a place where individuals encounter ideas that may be different from their own, where established positions can be examined and questioned, and where disagreements can take place through reason rather than hostility. If we want a democratic society that respects liberty and difference, that culture has to begin from the universities," he said.

Justice Bhuyan’s remarks at NLU Delhi underline the constitutional importance of student dissent and the right to question authority. He cautioned that students cannot be subjected to punitive action merely for expressing disagreement or questioning institutional decisions, describing such measures as potentially unconstitutional and an abuse of power. The observations assume added significance amid the ongoing NALSAR/NLSIU–Bar Council of India controversy, where questions of institutional autonomy, student expression and regulatory authority have come to the forefront. His remarks reinforce that universities, particularly law schools, must remain spaces where disagreement and critical thought are protected rather than punished.

In a related development, honoring the assurance given by the central government, the Supreme Court on Monday quashed FIRs registered against those involved in the NEET Paper Leak Protests.

Solicitor General Tushar Mehta had informed the CJI Surya Kant led bench that the government was committed to all the three assurances made by the Centre after a meeting was held between the government and the leaders of the protest. Notably the three assurances were, firstly, that Centre will not pursue the FIRs filed against the protestors from July 20-25, secondly, no future FIRs will be filed and lastly, the government would pay compensation to those unfortunate students who committed suicide.

The protest march announced by the Cockroach Janata Party in Delhi on September 5 alleging that the Centre has not honored its commitment to withdraw the cases against protesters who participated in the July protests across the country over NEET paper leak was also called off.