HC quashes Rayagada admn order curbing entry of doc
Tired of too many ads? go ad free now
Justice S K Panigrahi held that while law and order concerns are valid, blanket prohibitions infringe upon constitutional rights and must be balanced with reasonable restrictions.
The ban order, which also included noted activist
and 22 others, was imposed for two months ahead of a planned protest against proposed bauxite mining at Sijimali hills. Authorities had cited potential disruptions to public peace and administrative functioning for justifying the order.
Justice Panigrahi emphasised, "In a constitutional democracy, the govt should focus on dialogue and management rather than exclusion."
He reaffirmed that protest rights under Article 19 must be preserved, and restrictions should aim at regulation — not denial.
The court took note of the context in which the ban was issued — during Rath Yatra festivities, when police resources were stretched thin. However, it stated that those constraints were temporary and no longer justified continuing restrictions.
Sequeira, a Bhawanipatna-based physician known for providing free medical care to tribal communities, challenged the order, arguing that it hindered his ability to deliver essential services. His counsel, advocate Afraaz Suhail, contended that the ban was disproportionate and unconstitutional.
The court agreed, allowing Sequeira to re-enter Rayagada immediately, and issued operational guidelines for future protests.
Tired of too many ads? go ad free now
These include written notice to district authorities, coordination with police, designated protest locations, and lawful restrictions on timing, sound and crowd management.
Justice Panigrahi clarified these conditions are specific to the current case and do not override general constitutional protections. He warned that any violation by protesters would invite legal action, while any arbitrary denial of protest rights by the state would face judicial scrutiny.
Cuttack: Orissa high court on Friday quashed the Rayagada collector's June 4 order prohibiting medical practitioner and activist Dr Randall Sequeira from entering the district.
Justice S K Panigrahi held that while law and order concerns are valid, blanket prohibitions infringe upon constitutional rights and must be balanced with reasonable restrictions.
The ban order, which also included noted activist Medha Patkar and 22 others, was imposed for two months ahead of a planned protest against proposed bauxite mining at Sijimali hills.
Authorities had cited potential disruptions to public peace and administrative functioning for justifying the order.
Justice Panigrahi emphasised, "In a constitutional democracy, the govt should focus on dialogue and management rather than exclusion."
He reaffirmed that protest rights under Article 19 must be preserved, and restrictions should aim at regulation — not denial.
The court took note of the context in which the ban was issued — during Rath Yatra festivities, when police resources were stretched thin.
However, it stated that those constraints were temporary and no longer justified continuing restrictions.
Sequeira, a Bhawanipatna-based physician known for providing free medical care to tribal communities, challenged the order, arguing that it hindered his ability to deliver essential services. His counsel, advocate Afraaz Suhail, contended that the ban was disproportionate and unconstitutional.
The court agreed, allowing Sequeira to re-enter Rayagada immediately, and issued operational guidelines for future protests.
These include written notice to district authorities, coordination with police, designated protest locations, and lawful restrictions on timing, sound and crowd management.
Justice Panigrahi clarified these conditions are specific to the current case and do not override general constitutional protections. He warned that any violation by protesters would invite legal action, while any arbitrary denial of protest rights by the state would face judicial scrutiny.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Print
18 minutes ago
- The Print
‘Pakistan firm sought Pahalgam satellite images, how did you miss that?' Kanimozhi rips into Modi govt
An investigation by ThePrint in May found that just two months before the Pahalgam attack, a US-based space tech company called Maxar Technologies had seen an unprecedented spike in orders for high-resolution satellite images for the region. The orders for Pahalgam satellite images began appearing on the portal after Maxar acquired BSI Pakistan, a Pakistan-based geo-spatial company linked to federal crimes in the US. Taking part in the Lok Sabha debate on Operation Sindoor and Pahalgam terror attack, she further asked how the Centre missed the fact that a US company had been getting repeated requests for maps of Pahalgam and one of the companies making these requests was from Pakistan—a newsbreak by ThePrint. New Delhi: In a blistering attack on the Modi government over the security lapse in Pahalgam, DMK MP Kanimozhi Tuesday asked why no action was taken when the Intelligence Bureau (IB) and Research and Analysis Wing (R&AW) had alerted about suspicious activity and terrorists attempting recce in the area. The follow-up to this investigation with US court documents also confirmed that even before being taken on as a partner officially, the owner of the Pakistani company, Obaidullah Syed, was found to be selling satellite images to government agencies in Pakistan involved with the country's nuclear weapons programme. 'Why did we let it slip? A US company was getting repeated requests for maps of that place and one of the companies which were making requests was from Pakistan, that should have raised a red flag. How did you miss that? You can't keep talking about Operation Sindoor and make us forget all these questions. This is a failure of your government to protect the people,' Kanimozhi said in the House, asking the government to focus on today and not look back at the past all the time. She also questioned the government's handling of recent terror incidents and accused it of deflecting accountability. The DMK MP also hit back at Bharatiya Janata Party's critique of the opposition while countering Union Home Minister Amit Shah, who had implied that the opposition parties are less patriotic. 'We have never failed the nation. The DMK was the first to take out a rally in support of the defence forces and stood with the government during the all-party meeting,' she asserted. Kanimozhi also slammed the government for not apologising for such attacks in the past. 'You have not even learnt humility; the Prime Minister (Manmohan Singh) during the 2008 Mumbai attacks apologised to the country,' she said. 'What has the Vishwaguru (global leader) learnt from these terror attacks? Vishwaguru has not learnt any lessons. He has not taught anything,' Kanimozhi said, questioning the Modi government's vision. She also questioned the BJP government over not initiating any action against the Madhya Pradesh minister who insulted Colonel Sofiya Qureshi. The DMK MP said no while no one wants war but 'we have to be prepared'. 'Where are we?' she asked. She also questioned the absence of global support over the Pahalgam attack. 'Do you have no friends, no friendly neighbours to condemn a country which is sponsoring terrorism against India?' The DMK MP also criticised the government for functioning through what she termed as an 'extension government'. 'This is an extension government. All bureaucrats, leaders, everyone is on extension. The RAW chief on extension, the CBI (chief) on extension, ED (head) on extension. Don't you trust the next line of leadership?' she asked. (Edited by Tony Rai) Also Read: 3 terrorists who carried out Pahalgam attack killed in Op Mahadev: Home Minister Amit Shah to Lok Sabha
Hindustan Times
33 minutes ago
- Hindustan Times
HC refuses to quash FIR against Pune teacher over Op Sindoor linked remarks
The Bombay high court on Tuesday refused to quash the first information report (FIR) registered against 46-year-old Farah Deeba, a Pune-based former teacher, for allegedly ridiculing India and Prime Minister Narendra Modi on the WhatsApp group of her housing society following Operation Sindoor. her neighbour told the police in a complaint. (REPRESENTATIVE PIC) Deeba's reference to India as 'makkar' (deceitful) and her connection with Pakistan through her parents' families who resided there revealed the mens rea (guilty mind) behind her alleged crime, the division bench of justices AS Gadkari and Rajesh Patil said while dismissing her petition. Deeba, a resident of Margosa Heights housing society in Pune's Mohammadwadi neighbourhood, worked as a school teacher. After the Indian armed forces launched 'Operation Sindoor' on May 7, targeting alleged terror camps in Pakistan, her housing society's WhatsApp group was abuzz with congratulatory messages for the armed forces and the central government. Deeba responded to these messages by posting a laughing emoji, followed by a video ridiculing Narendra Modi. She referred to India as 'makkar' and posted a burning Indian flag as her WhatsApp status, her neighbour told the police in a complaint. Based on the neighbour's complaint, an FIR was registered against Deeba at the Kalepadal police station in Pune under sections 152 (acts endangering sovereignty, unity and integrity of India), 196 (promoting enmity between different groups), 197 (making imputations, assertions prejudicial to national integration), 352 (intentional insult with intent to provoke breach of peace) and 353 (statements conducing to public mischief) of the Bharatiya Nyaya Sanhita, 2023. Deeba then approached the high court for quashing the FIR, contending that she was not in a mentally sound condition at the time as the families of both her parents were from Pakistan. As soon as she realised that a few members on the WhatsApp group were offended by her messages, she immediately deleted them and apologised to the complainant, she said in her plea. She also lost her job as a teacher due to the controversy generated by the case against her, she mentioned. Additional public prosecutor MM Deshmukh opposed the petition, saying prima facie, there was enough material to make out the alleged offences and the investigation needed to be completed and taken to its logical end. The court accepted the prosecutor's contentions, saying the petitioner, being well-educated with a masters in English and a BEd degree, should have thought about the pros and cons of her actions before posting the videos and messages. 'Though the petitioner tendered her apology to the complainant, damage had already been caused by the petitioner's messages which were circulated,' the judges said. Her acts attracted the sections she was booked under while her reference India as 'makkar' and her admission about her parents' families hailing from Pakistan were indicative of her guilty mind, the court noted, dismissing her plea.
Time of India
an hour ago
- Time of India
Cattle trade boycott over gaurakshaks' harassment hits farmers, meat exporters across Maharashtra
Chhatrapati Sambhajinagar: A statewide boycott of cattle trading by the Qureshi community, protesting continued harassment by self-styled 'gaurakshaks', has begun to affect rural economies, meat export operations, and the hospitality sector across the state. Tired of too many ads? go ad free now The Qureshi community, which leads the livestock trade and meat processing industry in Maharashtra, has stopped all buying and selling of cattle, alleging unchecked vigilantism targeting transporters and traders. The boycott, now into its third week, has left cattle markets deserted, meat processing units running dry, and hotels struggling with supply shortages. "The harassment of our traders by cow vigilante groups has become unbearable. Despite valid documentation and licences, our people are being stopped, attacked, and humiliated," said Haji Arif Chaudhary, the state head of All India Jamiatul Quresh, which on July 15 made a representation to director general of police Rashmi Shukla seeking intervention and implementation of law. Haji Isa Qureshi, another key member of the Jamiat, said, "To date, only our community was blamed and cornered. The moment we stopped purchasing and processing unproductive animals, all related sectors have started feeling the heat. The govt should ensure that the existing laws related to our business are implemented." Officials from the animal husbandry department confirmed the sharp fall in slaughter numbers from all eight export-oriented abattoirs situated across Maharashtra. The authorities from Chhatrapati Sambhajinagar said that the situation is no different for Allana Sons and Al Quraish —both known for being into cent per cent export. Tired of too many ads? go ad free now Between July 14 and July 20, Al Quraish recorded zero slaughter while Allana reported slaughter of only 734 buffaloes. This contrasts sharply with figures from late June, when Allana processed 9,744 animals in a week and Al Quraish 684. "This is an unprecedented dip. We reached out to these units and were told that the Qureshi community's boycott is directly responsible for this drop," said Dr Nanasaheb Kadam, deputy commissioner, animal husbandry dept told TOI. The ripple effect is also being felt in the agriculture sector, where farmers typically sell unproductive cattle during the monsoon to finance sowing. "With no buyers, our animals are unsold and we are short of cash. The boycott has left us stranded. The govt should bring a check on the vigilantes," said Laxman Bapurao Sashe from Ghodegaon-based animal market, considered to be one of the largest markets in the state. Meat exporters warn that the halt in trading is threatening contractual obligations with overseas clients. "We are on the verge of defaulting on our export commitments due to a supply crunch. The govt must step in," said an official from a Malegaon-based export unit. Hotels and restaurants, too, are facing the heat. "Buffalo meat is a major component in many food preparations, especially for bulk catering. The sudden shortage is affecting both pricing and menu planning," said a hotelier from Mumbai. The Qureshi community has stated that the boycott will continue until the state govt takes concrete action against vigilante groups and ensures the safety of livestock transporters.
