Orissa High Court upholds right to protest, quashes Rayagada DM's order
The June 4 order, which also applied to noted activist Medha Patkar and 22 others, was imposed ahead of a planned protest against proposed bauxite mining at the Sijimali hills.
Delivering the verdict, Justice SK Panigrahi held that blanket bans on protest activities are contrary to constitutional values. 'In a constitutional democracy, the government should focus on dialogue and management rather than exclusion,' the court said, emphasising that reasonable regulation and not prohibition is the appropriate response to concerns over law and order.
The court took note of the context in which the ban was issued - during the Rath Yatra festivities, when police resources were stretched thin. However, it stated that those constraints were temporary and it was no longer justifiable to continue the restrictions.
Dr Sequeira, who has provided free healthcare services to tribal communities in Rayagada and Kalahandi for several years, had challenged the ban as unconstitutional. His counsel, Advocate Afraaz Suhail, argued that the order disrupted essential services and violated his client's fundamental rights.
While lifting the restriction on Dr Sequeira, the court laid down operational guidelines for future protests. These include prior notification to authorities, cooperation from organisers, state facilitation of venue and time, and proportionate restrictions to maintain public order. This apart, protesters must ensure peaceful conduct and authorities must avoid arbitrary denial of protest rights.
The court stressed that these guidelines are case-specific and do not dilute broader constitutional protections under Article 19. Violations by protesters or unjustified restrictions by authorities will both be subject to legal scrutiny, it said.
Dr Sequeira is now free to enter Rayagada district and resume his work. The status of the ban on other activists, including Medha Patkar and Prafulla Samantara, remains unclear as of the judgment by Justice Panigrahi on Friday.
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