India, July 27 -- The Supreme Court on Monday observed that the constitutional right to peaceful protest cannot be curtailed merely because a demonstration is taking place, with Chief Justice of India Surya Kant stating that the existence of an agitation does not by itself justify a police lathi-charge.

The observations were made during the hearing of a batch of petitions alleging excessive police action against students protesting over alleged examination paper leaks, including during the Cockroach Janta Party's (CJP) "Chalo Sansad" march towards Parliament on July 20.

A Bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana heard the matter.

"The right to peaceful and lawful protest is absolutely guarant...