Allow Cookies!
By using our website, you agree to the use of cookies
The petition was filed by the NGO Kisan Shakti Sangathan regarding the repetitive prohibitory order passed by the Delhi police authorities under section 144 of Cr.P.C. According to the following orders of the police the entire Central Delhi was declared prohibited area for holding public meetings, dharnas or peaceful protest. The petitioner contends that this ban is violative of Article 19 (1) (b) of the Indian Constitution. The Counsel appearing on behalf of petitioner stated that the entire area close to the establishment offices is completely prohibited for protestors, Jantar Mantar was the only place which was open for protest. On 5th October 2017, National Green Tribunal completely banned protests at Jantar Mantar as it creates nuisance.
In order to support his contention that such type of ban is in violation of fundamental rights, the following case laws were referred by the Counsel:
Anita Thakur and Ors v. Government of J&K and Ors
In the following case petitioners were given right to raise slogans in peaceful manner under Article 19 (1) (a) of the Indian Constitution. Similarly under Article 19 (1) (d) petitioner were given right to move freely in order to take out peaceful march. Under Article 19 (1) (b) petitioners were given the right to assemble peacefully.
Ramlila Maidan Incident v. Home Secretary, UOI and Ors.
Under the following case it was held that Section 144 of Cr.P.C should be applied when there is so prominent threat to public safety. The following power given to the State has to be performed with due care and without arbitrariness.
It was further contended that to impose ex-parte order under sub section (2) of section 144 of Cr.P.C, there must be some sort of urgency. In the following order the reason mentioned for the ban was traffic obstruction and danger to human safety, that cannot be justified under sub section (2).
It was pointed out that the prohibitory order were repeatedly issued by the Delhi Police, immediately when the earlier order expires. Under sub section (4) of section 144 the life of such order is 2 months, therefore police issues fresh order every time and prohibit the areas for protesting.
The Supreme Court bench comprising of Justice A.K. Sikri and Justice Bhushan ruled that there cannot be such ban on protest in Central Delhi. The Court has allowed the right of protestors to protest peacefully in Jantar Mantar and other areas, directed the police authorities to frame guidelines regarding the same.
86540
103860
630
114
59824