2 weeks ago
Punjab Haryana HC Upholds Peaceful Protest Right, Warns Against Violence
In India, people have the right to hold peaceful protests because it is a fundamental right in a democracy.
The Punjab and Haryana High Court said this right should not be stopped by the authorities.
However, the court also said that if a protest becomes violent or unsafe, the police and other authorities must step in to protect the public.
This decision came because a group called Quami Insaf Morcha called for a big protest in Chandigarh on August 15.
The group wanted to surround the Governor's house to demand the release of people called Bandi Singhs.
A lawyer named Vivek Singla filed a case asking the court to keep the city safe and stop large gatherings.
The court asked Punjab, Haryana and Chandigarh to file reports about their safety plans by August 20.
The court also said that people's safety and freedom to move around are very important and should not be blocked.
The police told the court that they are aware of the situation and will deploy enough officers to prevent any problems.
The court hopes that everyone will act responsibly so that no unfortunate incident happens.
The Punjab and Haryana High Court ruled that peaceful protest is a fundamental right but authorities must act if protests turn violent
A Division Bench of Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor heard the PIL filed by advocate Vivek Singla
The PIL sought measures to restrain protesters from entering Chandigarh in large numbers on August 15 following Quami Insaf Morcha's call to gherao the Punjab Governor
The court directed Punjab, Haryana and Chandigarh to file status reports by August 20
The Haryana Home Secretary was impleaded as a respondent in the PIL on the petitioner's request
- Who
- Punjab and Haryana High Court (Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor), petitioner Vivek Singla, and authorities of Punjab, Haryana and Chandigarh
- What
- The court ruled that peaceful protest is a fundamental right but authorities are duty-bound to act if protests turn violent or threaten public safety
- Where
- Chandigarh, India
- When
- Friday, with the next hearing listed for August 20
- Why
- The PIL was filed in the wake of Quami Insaf Morcha's call to gherao the Punjab Governor on August 15 seeking release of Bandi Singhs and to maintain law and order in Chandigarh
Right to Protest
Public Safety and Order
Protest rights vs. public safety
Right to Protest
Citizens have a fundamental right to assemble and express views through peaceful protest, and such a right ought not to be interfered with by authorities
Public Safety and Order
The right to assemble cannot supersede the wider public's right to safety, life and free passage on public thoroughfares; authorities should restrain protests and blockades without prior administrative clearance
Preventive restrictions on organizers
Right to Protest
Peaceful demonstrations should not require prior administrative clearance; the petitioner's demand for such clearance restricts legitimate protest
Public Safety and Order
Protest organizers, unions and groups should refrain from holding demonstrations without prior administrative clearance and abstain from violence, vandalism or forcible road blockades
Police response to protests
Right to Protest
Authorities should act with sensitivity and not interfere with peaceful protest
Public Safety and Order
Authorities are duty-bound to take preventive and remedial measures, disperse unsanctioned blockades and hold violent or non-compliant organizers strictly accountable under law
Key facts
- Court
- Punjab and Haryana High Court
- Bench
- Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor
- Petitioner
- Chandigarh resident and advocate Vivek Singla, represented by senior advocate RS Khosla
- Case Type
- Public Interest Litigation (PIL)
- Protest Call
- Nationwide call by Quami Insaf Morcha to gherao the Punjab Governor seeking release of Bandi Singhs
- Protest Date
- August 15
- Next Hearing
- August 20, with status reports due from Punjab, Haryana and Chandigarh
- Respondents
- Chandigarh Administration, police, Punjab, Haryana, and Haryana Home Secretary (impleaded)
Quotes
Acting Chief Justice Ashwani Kumar Mishra
Chief Justice of the Punjab and Haryana High Court
“It is well settled that, in a democracy, citizens have a fundamental right to assemble and express their views through peaceful protest. Such a right ought not to be interfered with by the authorities. However, where a protest ceases to be peaceful, turns violent, or poses a threat to public safety, the competent authorities are duty‑bound to take appropriate preventive and remedial measures in accordance with law to ensure the maintenance of public peace, order, and security.”
indianexpress.com
Sources
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