2 weeks ago
Right to Protest Can't Extend to Attacking Courts: Jharkhand Court
Protesting is a right that people have in India.
But the Jharkhand High Court said that right has limits.
You cannot break into a courthouse, hurt judges, or damage court buildings.
This decision came after a big group of people attacked a court in Latehar in October 2022.
Members of the Tana Bhagat community came with sticks and sickles, and police say more than 500 people locked up the courthouse.
They wanted complete self-rule, with no role for courts or governments.
The judge in charge at the time even had to hide in a room to stay safe.
The High Court said such attacks hurt the independence of the courts, which is very important for India.
So it ordered that judges across Jharkhand get protection such as bodyguards.
It also wants courts to have guards, cameras, and quick-response teams so incidents like this don't happen again.
The Jharkhand High Court ruled that the fundamental right to protest cannot extend to obstructing judicial proceedings, assaulting judicial officers, or vandalising court premises.
The ruling came as the court disposed of a suo motu PIL arising from an October 2022 mob attack at the Latehar Civil Court by members of the Tana Bhagat community.
Police said more than 500 people, armed with lathis and sickles, gathered at the court and locked the premises, demanding complete self-rule with no role for courts or governments.
A bench of Chief Justice M S Sonak and Justice Rajesh Shankar directed adequate security for judicial officers across Jharkhand, saying there was 'no reason to wait for a Latehar-type incident.'
The court expressed satisfaction with current security at the Latehar Court and ordered a comparable level of personal security cover for judicial officers in all districts of Jharkhand.
- Who
- The Jharkhand High Court bench of Chief Justice M S Sonak and Justice Rajesh Shankar, and members of the Tana Bhagat community involved in the 2022 Latehar incident.
- What
- The court ruled that the right to protest cannot extend to obstructing judicial proceedings, assaulting judges, or vandalising court premises, and ordered adequate security for judicial officers across Jharkhand.
- Where
- Jharkhand, India, specifically the Latehar Civil Court and district courts across the state.
- When
- The order was passed on August 17; the underlying incident took place on October 10, 2022.
- Why
- To safeguard the independence and security of the judiciary and ensure the justice delivery system is not disrupted in the future.
Protesters' stance
High Court's stance
Limits of the right to protest
Protesters' stance
Members of the Tana Bhagat community allegedly forced their way into the Latehar Civil Court in October 2022, demanding complete self-rule with no role for courts or governments.
High Court's stance
The right to protest is a fundamental right, but it cannot extend to obstructing judicial proceedings, assaulting those administering justice, or vandalising court premises, as such acts strike at the independence of the judiciary.
Key facts
- Court
- Jharkhand High Court
- Bench
- Chief Justice M S Sonak and Justice Rajesh Shankar
- Order date
- August 17
- Incident
- Mob attack at Latehar Civil Court on October 10, 2022
- Protesters
- More than 500 Tana Bhagat community members, armed with lathis and sickles
- Protester demands
- Complete self-rule, with no role for courts or governments
- Security measures at Latehar
- Armed personnel, CCTV coverage, Quick Response Team, video-conferencing for high-risk undertrials
- Judicial officer security
- At least one bodyguard and one home guard per officer
Quotes
Jharkhand High Court (Chief Justice M S Sonak and Justice Rajesh Shankar)
Chief Justices of the Jharkhand High Court
“"The right to protest is undoubtedly a fundamental right; however, such right cannot extend to obstructing judicial proceedings, assaulting those entrusted with the administration of justice, or vandalising court premises."”
news18.com
indianexpress.com
“We are, for the present, satisfied with the individual security cover provided to the judicial officers”
news18.com
Sources
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