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Supreme Court of India 2018-07-23 partly_allowed

Mazdoor Kisan Shakti Sangathan vs Union of India & Anr

Bench: 2 — A.K. Sikri

In Brief

The Supreme Court examined challenges to repeated Section 144 orders banning demonstrations in Central Delhi and an NGT order prohibiting protests at Jantar Mantar Road. The Court held that the right to peaceful protest is a fundamental right under Articles 19(1)(a) and 19(1)(b), but subject to reasonable restrictions for public order. While the residents' Article 21 rights were violated by noise and disturbance, the remedy was not blanket prohibition but balanced regulation through guidelines. The Court rejected perpetual bans through repeated orders and directed authorities to devise mechanisms permitting limited, regulated demonstrations under prior written permission, addressing both protestors' rights and residents' dignity simultaneously.

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Constitutional Law Fundamental Rights Freedom of Assembly Freedom of Protest Public Order Section 144 CrPC Right to Demonstrate Balancing of Rights Environmental Protection Administrative Law

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