Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 19(1)(a) and 19(1)(b) Constitution of India: Arts. 32 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Constitution of India:Arts. 32, 19(1)(a) and 19(1)(b) – Right to protest – Right toassemble peaceably and without arms – Writ petitions seekingquashing of the repeated imposition of police order u/s. 144 Cr.P.C.by which Central Delhi area declared as prohibited area for holdingpublic meetings, dharna, peaceful protests; quashing of the orderof NGT prohibiting/banning demonstrations at Jantar Mantar road;and issuance of writ of mandamus laying down the guidelines forholding public meetings, dharnas – Held: Right of people to holdpeaceful protests and demonstrations etc. is a fundamental rightguaranteed u/Art. 19(1)(a) and 19(1)(b) – Peaceful protests anddemonstrations, can be allowed in a guarded and regulated manner,to enable the protestors to exercise their right, ensuring that noinconvenience of any kind is caused to the residents – There couldbe balancing of the rights of both the protestors and the residents –For quite some time Jantar Mantar has been chosen as a place forholding demonstrations and was earmarked by the authorities aswell – However, pathetic conditions were caused as a result of theprocessions, demonstrations and agitations etc. since the authoritiesdid not take necessary measures to regulate the same – RamlilaMaidan earmarked for such demonstrations etc, may not besufficient to cater to this requirement – Since, Jantar Mantar wasthe area chosen by the authorities and has been in use for quitesometime, balancing can be done by permitting a limited part ofthis area for holding peaceful public meetings, processions etc. suchthat no disturbance or inconvenience of any nature is caused to theresidents – Commissioner of Police, New Delhi in consultation withother concerned agencies, to frame proper guidelines for regulatingsuch protests, demonstrations iin Jantar Mantar and Boat Club area.Arts. 19(1)(a), 19(1)(b) – Right to protest – Held: Holdingpeaceful demonstrations by the citizenry to air its grievances is afundamental right, enshrined u/Art.19(1)(a) and 19(1)(b), subjectto reasonable restrictions, which can be imposed in the interests ofsovereignty and integrity of India or public order – Legitimate dissentis a distinguishable feature of any democracy. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2018 INSC 635 |
Petitioner | Mazdoor Kisan Shakti Sangathan |
Respondent | The Union Of India And Anr. |
SCR | [2018] 11 S.C.R. 586 |
Judgement Date | 2018-07-23 |
Case Number | 1153 |
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