Lawyers Associations in Delhi and Mumbai Have Criticised the Police Action Regarding the Student Movement

Sections of the legal community in Delhi and Mumbai have publicly expressed concern regarding police actions surrounding recent student protests in both cities. Statements issued by various lawyers' associations and senior advocates argue that the use of force, including lathi charges and tear gas, against students protesting peacefully has raised serious questions concerning democratic rights and freedom of expression. They have also demanded an impartial investigation into the incidents and called for responsibility.

Around 650 lawyers in Delhi, including Senior Advocates Indira Jaising, Raju Ramachandran, Chandra Uday Singh, Sanjay Hegde, Vrinda Grover, Prashant Bhushan, and Shahrukh Alam, among others, have issued a joint statement.

According to them, the use of force against the young people who had gathered peacefully at Jantar Mantar on July 20 is a matter of concern. They maintain that freedom of expression, human quality, and the right to peaceful protest are vital components of a democratic society.

In a joint statement, lawyers have urged the government and relevant constitutional bodies to ensure the safety of peaceful protesters and safeguard the right to democratic expression. They further demanded that, should allegations of excessive use of force be proven true, those responsible be held responsible.

The Supreme Court Bar Association (SCBA) has also adopted a separate resolution condemning the baton charge against students and lawyers. The association stated that the use of excessive force against students and lawyers who were present peacefully is a matter of concern in a democratic society. It also demanded an equal investigation into the incident within a specific timeframe.

The Supreme Court Advocates-on-Record Association (SCAORA) has also expressed concern over the incident. The association stated that peaceful protest is part of constitutional rights and that it is the responsibility of a democratic state to protect war within the constitutional framework rather than suppressing it.

The Bombay Bar Association has also expressed concern over the police action.

According to the association, if the incidents expressed in various published reports and videos are accurate, then the use of force against students peacefully exercising their constitutional rights is deeply concerning. The organisation further stated that peaceful protest is a vital part of a democratic system of governance.

More than 120 lawyers practising at the Bombay High Court have questioned, in a separate statement, the series of unreasonable orders issued by the Mumbai Police Commissioner. According to them:

• A ban was charged for the period from July 7 to July 21.
• A subsequent order made the ban compulsory again from July 23 to August 6.
• These orders charged a ban on gatherings of five or more people and on processions.

The statement further notes that the filing of FIRs against protesters and the holding of various individuals are matters of concern. According to legal experts, citizens should not be forced to approach the courts in every instance; administrative decisions need to rest on a solid legal foundation.