Mumbai: Condemning the police crackdown on protesters, including minors, at Shivaji Park, a group of 141 advocates practising at the Bombay High Court has urged the Mumbai police commissioner to withdraw prohibitory orders restricting public assemblies, saying they violate citizens’ constitutional right to peaceful protest.
Event Context
The protesters had gathered in and around Shivaji Park in Dadar in support of the student-led agitation at Jantar Mantar in New Delhi, demanding government accountability and education reforms following repeated competitive exam paper leaks.
In a joint statement issued on Thursday, the advocates said the apparent basis for the police action was the lack of permission to protest at Chaityabhoomi. “The ostensible reason for the arrests appears to be that no permission has been given for protesting at Chaityabhoomi,” the statement said.
The signatories, including senior advocates Janak Dwarkadas, Navroz Seervai, Gayatri Singh, Mihir Desai, Haresh Jagtiani, Yug Mohit Chaudhry and Dinyar Madon, urged the Mumbai police commissioner to withdraw prohibitory orders issued under the Maharashtra Police Act, 1951, restricting public assemblies.
“It needs no emphasis that the freedom to assemble peaceably and without arms is a fundamental right of citizens under Article 19(1)(b) of the Constitution of India. This freedom is rendered meaningless if under the guise of ‘regulation’ and ‘reasonable restrictions’, all protests are prohibited,” it said.
The advocates also questioned the legality of the prohibitory orders issued on July 3 and July 20 under the Maharashtra Police Act, claiming the first order was not adequately publicised despite imposing sweeping restrictions on assemblies, processions and the use of loudspeakers between July 7 and July 21.
“Prohibitory orders of such scale and import, which on their plain terms require to be given widespread publicity, cannot be passed surreptitiously and thereafter be pressed into service for strong armed action by law enforcement authorities,” the statement said.
Expressing concern over the “mass detention and arrests”, the advocates said that, “the impunity with which such prohibitory orders are issued is a consequence of the lack of accountability, and the difficulties in immediately obtaining legal redress when disproportionate methods are adopted by law enforcement authorities.”
The lawyers further stated that constitutional courts have repeatedly held that prohibitory orders that impose restrictions on the right to peaceful assembly must refer to the relevant facts and record the reasons that warrant a restriction of fundamental rights and these facts must also demonstrate that the restriction proposed is the least restrictive measure.
The statement said the police orders appeared to fall short of these legal requirements, thus hampering effective judicial review.
Calling for the withdrawal of the prohibitory orders, the statement added, “It ought not to fall on citizens to seek recourse to already overburdened courts, and spend scarce judicial time to assail orders that are quite plainly on shaky legal footing. We also urge law enforcement authorities to refrain from taking or pursuing action against citizens engaged in peaceful assembly and protest, as is their right.”.
