Peaceful protest is a Constitutional right': 140 Bombay HC lawyers condemn police action, Pg8

Key Highlights:

• Over 140 lawyers from the Bombay High Court condemned prohibitory orders issued by the Mumbai Police restricting public assembly.
• The lawyers urged the Mumbai Police Commissioner to withdraw these orders and actions against peaceful protests.
• They highlighted that such prohibitions, issued under the Maharashtra Police Act, 1951, cannot exceed 15 days without state government sanction.
• The Bombay Bar Association also expressed grave concern over police force used against students, asserting that peaceful protest is a fundamental right under Article 19 of the Indian Constitution.

Detailed Insights:

• The prohibitory orders, in effect from July 23 to August 6, banned assemblies of five or more persons, processions, and the use of loudspeakers.
• Lawyers argued that consecutive prohibitory orders with a mere 24-hour gap appeared to circumvent the legal requirement for state government sanction for longer restrictions.
• They emphasized that constitutional courts mandate restrictions on peaceful assembly to be the least restrictive measure, supported by recorded facts and reasons.
• Concerns were also raised regarding "mass detention and arrests" by the Mumbai Police in the context of these orders.
• Senior advocates, including Janak Dwarkadas, stated that the ban lacked justification and was undemocratic, infringing upon the right to protest.
• The Bombay Bar Association resolution underscored that the right to peaceful assembly and dissent is an integral facet of freedoms guaranteed by Article 19 and essential for democratic governance.

Key Concepts Involved:

• Prohibitory Orders: Legal directives issued by authorities, often under specific acts like the Maharashtra Police Act, 1951, to restrict public gatherings or movements to maintain law and order.
• Right to Peaceful Assembly: A fundamental right enshrined in Article 19(1)(b) of the Indian Constitution, allowing citizens to gather peacefully without arms.
• Maharashtra Police Act, 1951: State legislation governing the organization, regulation, and powers of the police force in Maharashtra, including provisions for issuing prohibitory orders.
• Article 19 of the Indian Constitution: Guarantees fundamental freedoms to Indian citizens, including freedom of speech and expression (Article 19(1)(a)) and the right to assemble peacefully (Article 19(1)(b)).