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IFTEKHAR ZAKIR SHEIKH VS STATE OF MAHARASHTRA AND ORS.
In the present scenario of a country where protests is arising from almost every corner of the country against of CAA . The proceeding in the present case was filed in order to challenge the order made by the Police inspector in Majalgaon , Beed (District) which was passed under section 149 of CrPc. The petitioner also claimed that the order passed by the Additional District Magistrate of Beed in regard of permission for the peaceful protest at old Idgah Maidan at Majalgaon , for indefinite period between 6 pm to 10 pm daily . To prevent such agitation initially when the permission was asked from the local police station request wasn’t granted by the authorities , thus petitioner seeks the court to empower him through its order to practice his right to peaceful protest. There were certain baseless grounds on which the petitioner was not granted the permisiion the grounds which he mentioned in his petition were in regard of muslim protesting against CAA also it was later found by the court though it was been contended by the lawyers of Government and Police authorities that this rule was made for everyone which it prima facie looked too but it was put into impact to stop and prevent protests against CAA by mixed religion of people but not only Muslims.
Later it was also found and stated by the court that we live in a democratic republic where our constitution provides us the rule of Law but rule of majority. Therefore, it is the humble duty of the authorities to maintain law and order but it should not come in a way that it completely stops a class of people from disagreeing and showing the same disagreement in the form of agitations. Court also giving references of movements during fight of Independence said , we received independence due to such agitations. Therefore , it is completely unconstitutional to let not people ask questions to the Government. Court also mentioned that since Government and authorities have all the responsibility to maintain law and order and also the welfare of their people , therefore if government feels like such agitations may disturb the peace of country they should come forward and and talk to people and reach to a conclusion but preventing them completely from performing their right can not be justified.
Therefore court disposed off the case while declaring the order passed by Additional District Magistrate and Police Inspector not in effect anymore and set aside their order and held the permission granted by as asked in the petition by the petitioner.
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