SC Judge Ujjal Bhuyan Flags Police Assault on NEET Protesters, Warns of Contempt for Law

In a sharp critique that has resonated across legal and civil rights circles, Supreme Court Judge Justice Ujjal Bhuyan has publicly condemned the conduct of police personnel during the recent student protests at Delhi's Jantar Mantar. Speaking at the launch of former Secretary (Security) Yashovardhan Azad's book Policing the Republic , Justice Bhuyan described the sight of young Indian Police Service officers personally assaulting demonstrators as "very, very distressing" and warned that such behavior erodes the very foundation of the rule of law.

The remarks come amid heightened scrutiny of police action during the July 20 protests organized by the Cockroach Janta Party, a group of students demanding action over the alleged NEET-UG 2026 question paper leak. The protests, which included a march towards Parliament, were met with a heavy-handed response that the Supreme Court has now placed under formal investigation.

A 'Distressing' Departure from Professional Detachment

Justice Bhuyan did not mince words when addressing the incident. "All of us are dismayed when we see young officers of the Indian Police Service personally going and assaulting protesters and demonstrators. This is something very, very distressing to observe," he said at the Viceroy Hall event, which was attended by Congress MP P Chidambaram, former Maharashtra Director General of Police D Sivanandhan, and other dignitaries.

The judge lamented the apparent disappearance of professional detachment , a quality he considers essential for any police force in a democracy. "The detachment expected of police officers somehow seems to be disappearing, and this is indeed a matter of grave concern," he added. His words echo a broader anxiety within the judiciary about the militarization of policing and the shrinking space for peaceful dissent .

Justice Bhuyan stressed that effective policing does not require the use of excessive force or violation of human rights . "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," he said, emphasizing that credibility can only be preserved through strict adherence to the Constitution, impartiality, integrity, and secular principles.

The Broader Context: Police Violence and Judicial Scrutiny

The judge's remarks are set against the backdrop of the Supreme Court's own intervention into the Jantar Mantar events. The Apex Court has constituted a high-level panel headed by former Supreme Court judge Justice R Subhash Reddy to examine allegations of excessive force, including lathi charges, tear gas, pellet guns, electronic batons, and complaints of targeted harassment and molestation of women protesters. The panel is empowered to examine CCTV footage, videos, and other evidence.

Days before his book launch speech, Justice Bhuyan was part of a bench that invoked Article 142 to quash criminal cases against protesters involved in the demonstrations. The court observed that participation in peaceful protests should not be treated as an offence and directed that no fresh FIRs be registered for protests held between July 20 and July 25, except in circumstances permitted by the court.

At the 13th convocation of National Law University, Delhi, Justice Bhuyan had earlier warned that threatening students with punitive action for expressing a different point of view or asking questions is unconstitutional and amounts to a misuse of power. That statement now gains added force in light of the police crackdown.

Custodial Violence and the 'Criminal Philosophy' of Encounters

Justice Bhuyan used the occasion to address two other grave concerns: custodial deaths and fake encounters . " Custodial death is perhaps one of the worst crimes in a civilised society governed by the rule of law ," he said, noting that any form of torture or cruel, inhuman, or degrading treatment falls within the prohibition of Article 29 of the Constitution .

He also condemned extra-judicial killings , referring to a 2011 Supreme Court judgment that held fake encounters undermine the rule of law and must be treated with the utmost seriousness when serving police personnel are involved. " Encounter philosophy is a criminal philosophy . It cannot be a part of policing," Justice Bhuyan declared, drawing applause from the audience.

These remarks align with a series of judicial pronouncements over the past decade that have sought to curb custodial violence and hold errant officers accountable. The judge's willingness to speak publicly on these issues reflects a growing judicial concern about the state of policing in India.

Legal Implications: What This Means for Police Accountability

Justice Bhuyan's critique carries significant weight because it comes from a sitting Supreme Court judge and targets the very institution responsible for upholding law and order. His statement that "if the functionaries of the government become lawbreakers, it is bound to breed contempt for the law and will encourage lawlessness" is a direct warning to the executive. It implies that police misconduct not only violates individual rights but also undermines the entire legal system's legitimacy.

The judge's rhetorical question — "Does a citizen shed his fundamental right the moment a policeman arrests him?" — underscores a constitutional principle that remains contested in practice: the idea that fundamental rights do not vanish at the point of arrest. This principle is critical for cases of custodial violence and illegal detention.

For legal professionals, Justice Bhuyan's remarks reinforce the need for rigorous scrutiny of police conduct in protest situations. They also highlight the evolving judicial approach to balancing public order with the right to protest under Article 19(1)(a) and 19(1)(b). The Supreme Court's decision to quash FIRs against peaceful protesters, coupled with its constitution of an inquiry panel, signals a shift toward greater protection for dissenting voices.

Impact on Legal Practice and the Justice System

The immediate impact of Justice Bhuyan's statement is likely to be felt in ongoing litigation related to the Jantar Mantar protests. Lawyers representing arrested students may cite his remarks to argue for bail, quashing of FIRs, or even compensation for excessive force. The high-level panel's findings, once released, could lead to disciplinary action against specific officers and possibly criminal proceedings.

More broadly, the judge's comments add momentum to the long-standing demand for police reforms. Issues such as political interference, lack of accountability, and inadequate training have been repeatedly flagged by various commissions, but legislative action remains stalled. Justice Bhuyan's public indictment of police violence may galvanize civil society and the bar to renew demands for structural changes.

The legal community will also watch for any follow-up judicial orders. If the Supreme Court chooses to treat Justice Bhuyan's observations as part of a suo motu proceeding, it could lead to a broader examination of policing standards across the country. For now, his speech serves as a powerful reminder that the judiciary is watching — and that the Constitution sets limits on state power even in the name of law and order.

Conclusion

Justice Ujjal Bhuyan's candid remarks at the book launch have struck a chord with those who believe that the police must be held to the highest standards of professionalism. By directly calling out the assault on student protesters and linking it to deeper issues of custodial violence and extra-judicial killings, he has placed the spotlight on the urgent need for police accountability.

As the Supreme Court's panel investigates the Jantar Mantar events, and as legal battles continue in the lower courts, Justice Bhuyan's words will echo in courtrooms across the country. They remind all stakeholders — from police officers to prosecutors to judges — that the rule of law is not a slogan but a living principle that must be defended every day, especially when it is most inconvenient.