The Supreme Court Friday asked the Tamil Nadu government to ensure that agitations over the National Eligibility cum Entrance Test (NEET) issue remain peaceful and did not escalate into law and order problems. “As an interim measure, it is directed that it shall be the obligation of the Chief Secretary, Government of Tamil Nadu and the Principal Secretary, Ministry of Home, Government of Tamil Nadu to ensure that law and order is maintained throughout the State in the wake of the present situation,” the bench of Chief Justice of India Dipak Misra and Justices D Y Chandrachud and A M Khanwilkar said while hearing a PIL seeking the court’s indulgence in the matter.
“ The Chief Secretary shall see to it that anyone involved in any kind of bandh or activity that disrupts the normal life and detrimentally affects law and order in the State of Tamil Nadu, shall be booked under the appropriate law,” the bench said.
The order pointed out “that a peaceful protests or criticism or dissent is different from creating a law and order situation” and added that “every citizen has a fundamental right to peacefully protest and demonstrate, but not to cause a situation that results in violence and paralyzes the law and order situation.”
The petitioner, G S Mani who is a Supreme Court lawyer, had requested the court to direct Tamil Nadu to maintain law and order when the state was witnessing protests in the wake of the suicide of a 17-year-old girl who failed to secure admission in any medical college owing to poor marks in NEET.
And also wanted the court to ask Tamil Nadu “not to permit political parties and public” to conduct strikes, boycotts, organise human chains, road blocks, rail roko or any other mode of strike against the NEET exam and to order “a judicial inquiry headed by a retired High Court Judge of Madras High Court to inquire into the death of the girl”.
NEET was first announced in 2013 and its validity was upheld by a Constitution bench of the Supreme Court in 2016. But some states like Tamil Nadu have argued that it put its students at a disadvantage. The death of the girl S Anitha on September 1 only added fuel to the fire.
