NEW DELHI: The Supreme Court today said guidelines should be framed on the issue of right to protest so as to ensure a balance between the fundamental right of the citizens to protest and the maintenance of law and order.
The Apex Court’s observation came as it issued notice to the Centre and the Delhi Police on a plea seeking to declare as illegal the banning of all assemblies and protests in central Delhi and the New Delhi area.
A bench comprising Justices A K Sikri and Ashok Bhushan observed that it was important to frame a guideline in this regard so that neither the fundamental right to protest was violated, nor any inconvenience caused to the public.
The plea has said that continuous imposition of prohibitory orders under section 144 of the Criminal Procedure Code (CrPC) was an “arbitrary and unreasonable restriction” on the fundamental rights of citizens to hold peaceful protest.
The plea filed by an NGO, Mazdoor Kisan Shakti Sanghatan, has challenged the “repeated imposition” of orders by Delhi Police under section 144 of the CrPC, saying it virtually declared the entire Central Delhi as a prohibited area for holding any public meeting, dharna or peaceful protest. (AGENCIES)
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