Conducting protest is every citizen’s right, to be exercised with permission, says Madras High Court

A view of the Madurai Bench of the Madras High Court.
| Photo Credit: R. Ashok

Conducting protest is a right of every citizen and must be exercised by obtaining permission from the competent authorities, in compliance with law, observed the Madurai Bench of the Madras High Court.

The court dismissed a petition, filed in February by B. Ramkumar Adityan of Tiruchendur, that sought a direction to restrain Joint Action Council of Tamil Nadu Teachers Organisation and Government Employees Organisation (JACTTO-GEO) members from conducting protests in contravention of rules and to take action if they conducted protests.

A Division Bench of Justices S.M. Subramaniam and A.D. Maria Clete observed that a blanket direction sought in the petition to initiate action against the persons who are involved in strikes or agitations cannot be granted.

If any illegality, irregularity or offence was committed by any person during the course of an agitation, appropriate action shall be initiated by following the procedures as contemplated under law. However, there cannot be any omnibus relief as sought in the petition, the court observed and dismissed the petition.

The petitioner said JACTTO-GEO, at its State-level meeting held in Tiruchi, had announced that protests would be held across the State on February 25, pressing for their charter of demands, including restoration of the old pension scheme and withdrawal of the new one.

On previous occasions, protesters had blocked roads in many places and disrupted the free movement of the public. No one can pressurise the government to accept the demands and it was a well-settled legal principle that there cannot be any right to call or enforce a strike which interferes with the exercise of the fundamental freedoms of other citizens, in addition to causing national loss in many ways, the petitioner said.