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Supreme Court of India 2018-07-23 disposed

Mazdoor Kisan Shakti Sangathan vs Union of India & Anr

Bench: 2 — A.K. Sikri

In Brief

A public interest petition challenged repeated Section 144 orders banning demonstrations at Central Delhi and challenged an NGT order banning protests at Jantar Mantar Road citing noise and sanitation issues. The Supreme Court held that while the right to peaceful protest is fundamental under Articles 19(1)(a) and 19(1)(b), it can be reasonably restricted in the interest of public order. However, blanket bans are unconstitutional; demonstrations must be regulated through guidelines allowing limited, controlled protests with prior permission. The Court rejected perpetual prohibition through repeated orders as an abuse of power. It directed authorities to devise balanced mechanisms permitting regulated demonstrations at Jantar Mantar and Boat Club areas while protecting residents' Article 21 rights through crowd limits, time restrictions, noise control, and safeguards against disruption to sensitive locations.

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Constitutional Law - Fundamental Rights Civil Liberties - Freedom of Assembly and Protest Public Order and Police Powers Criminal Procedure - Section 144 Environmental Law - Noise Pollution Administrative Law - Abuse of Power Balancing of Fundamental Rights

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