MAZDOOR KISAN SHAKTI SANGATHAN versus THE UNION OF INDIA & ANR.

MAZDOOR KISAN SHAKTI SANGATHAN versus THE UNION OF INDIA & ANR.

The right to peaceful protest and demonstration is fundamental but not absolute. The use of Section 144 Cr.P.C. and the NGT order, in so far as they result in blanket or perpetual prohibition, amounts to banning rather than regulating this right, which is impermissible. Authorities must balance the rights of protestors with those of residents, and cannot extinguish one right for the other. Guidelines should be framed to regulate (not ban) peaceful assembly and protest in designated areas, with proper consideration of public interest and the circumstances of each case.

Parties
Petitioner: Mazdoor Kisan Shakti Sangathan; Respondents: Union of India & Anr.
Jurisdiction
India
Judgment Date
23 July 2018
Procedural Posture
Writ Petition (civil) No. 1153 of 2017 / Final Judgment/disposition
Outcome
Matters disposed of. Directions issued.
Legal Topics
Right to Protest, Freedom of Speech and Assembly, Section 144 Cr PC, Reasonable Restrictions, Balancing Fundamental Rights
Constitutional Law Criminal Procedure Right to Protest Freedom of Speech and Assembly Section 144 Cr PC Reasonable Restrictions Balancing Fundamental Rights

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Parties

Mazdoor Kisan Shakti Sangathan

Petitioner

Union of India & Anr.

Respondents

Procedural Posture

Writ Petition (civil) No. 1153 of 2017 / Final Judgment/disposition

Legal Issues

  1. 1 Whether repeated imposition of orders under Section 144 Cr.P.C. in Central Delhi, prohibiting public meetings, dharna, peaceful protests, is justified and legal.
  2. 2 Whether the order of NGT banning/prohibiting demonstrations at Jantar Mantar road is valid.
  3. 3 Whether guidelines should be laid down for holding public meetings and dharnas in New Delhi.

Ratio Decidendi

The right to peaceful protest and demonstration is fundamental but not absolute. The use of Section 144 Cr.P.C. and the NGT order, in so far as they result in blanket or perpetual prohibition, amounts to banning rather than regulating this right, which is impermissible. Authorities must balance the rights of protestors with those of residents, and cannot extinguish one right for the other. Guidelines should be framed to regulate (not ban) peaceful assembly and protest in designated areas, with proper consideration of public interest and the circumstances of each case.

Court Disposition

Matters disposed of. Directions issued.

Orders

  • Commissioner of Police, New Delhi, in consultation with concerned agencies, to frame proper guidelines for regulating peaceful protests, demonstrations, etc. at Jantar Mantar and Boat Club areas within two months.
  • Limited part of Jantar Mantar to be permitted for peaceful public meetings and processions in a manner not disturbing residents; similar guidelines for Boat Club area.