national
Madras High Court
FUNDAMENTAL RIGHT TO CONDUCT PUBLIC MEETINGS UPHELD: MADRAS HC
Monday, October 09, 2017
further, that anti social elements may take advantage of the
situation and indulge in anti social activities.”
The Madras High Court ha s ruled that people have a
fundamental right to hold public meetings, and the same
cannot be done away with merely on the apprehension
of a law and order situation arising, in an order passed by
Justice MS Ramesh.
The High Court was approached by a social organisation
by the name of Arappor Iyakkam last week when
police authorities declined it permission to conduct
a public meeting aimed at protesting corruption in the
state.
The petitioner’s application to direct the said meeting was
reverted to with a show cause notice on why permission
should be granted. Detailed representations were made
highlighting the right to freedom of speech and expression
and peaceful assembly. The petitioners, through their
counsel V Suresh, were compelled to approach the High
Court after the said representation did not yield any
satisfactory response.
Justice Ramesh observed that permission to hold the
meeting was denied based on:
“...some reliable information that the petitioner was
attempting to instigate people and create law and order
problems under the guise of conducting the meeting and
The Court was of the opinion that the fundamental rights to
free speech and expression as well as the right to assemble
peacefully cannot be altogether done away with on such
apprehensions alone. The learned judge observed, “The
legal proposition that Article 19 (1) (a) of the Constitution
of India guarantees every citizen, the fundamental right of
freedom of speech and expression and Article 19 (1) (b)
confers the right to assemble peacefully and without arms
is well established and not in dispute…
... I do not endorse the reasoning of the respondents for
rejecting the petitioner’s request for the simple reason
that the police department has been created only for the
purpose of tackling the above problems.”
He considered that if there were justifiable dreads
regarding a possible law and order situation arising out of
the conduct of the public meeting, reasonable conditions
could be imposed to counter and control the same.
“Since it is the fundamental right of the petitioner to
conduct such a meeting, if at all, the respondent is of the
view that they intend to instigate people and thereby create
law and order problem, it was always open to them to
permit the petitioner to conduct the meeting by imposing
conditions.
... Likewise, if the respondents had apprehended that anti
social elements may infiltrate the public and indulge in
anti social activities; adequate protection can be extended
during the course of the meeting to ensure that such
incidents are thwarted. While that being so, the rejection
order may not be justified.”
Read more: http://www.legaleraonline.com/news/fundamental-
right-to-conduct-public-meetings-held-madras-hc
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necessarily on their timeliness and topicality but their interest to its readers.
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