Protesting a right of every citizen, but obtain nod to hold it: HC
Madurai: Conducting a protest is a right of every citizen, and it must be exercised after obtaining prior permission from the authorities concerned, observed the
Madras high court
while dismissing a plea seeking a direction to the state to restrain Jactto-geo members from conducting protests and take action against those participating in the protests.
The court was hearing a public interest litigation filed by B Ramkumar Adityan, an advocate. The petitioner stated that during the state-level meeting held in Trichy district, Jactto-geo announced that statewide protests would be held on Feb 25, putting forth a charter of demands.
Adityan stated that no one can pressurise the govt to accept the demands. It was a well-settled legal principle that there cannot be any right to call or enforce a strike which interferes with the exercise of the fundamental freedoms of other citizens, in addition to causing national loss in many ways.
During earlier occasions, the protesters blocked roads in several places, causing disturbance to the free movement of public.
Hence, the petitioner moved court. Earlier in February, the court directed Jactto-geo not to conduct protests since talks were underway with the committee constituted by the state.
A division bench of justice S M Subramaniam and justice A D Maria Clete observed that conducting a protest is a right of every citizen and must be exercised by obtaining prior permission from the competent authorities, in compliance with the law.
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Therefore, a blanket direction, as such sought for in the present, to initiate action against people who are involved in strikes or agitations, cannot be granted.
If any illegality, irregularity, or offence is committed by any such people during the course of an agitation or otherwise, appropriate action shall be initiated by following the procedures as contemplated under the law. However, there cannot be any omnibus relief as such sought for in the petition, the judges observed and dismissed the petition.
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