'Peaceful assembly a fundamental right': 141 HC advocates urge withdrawal of prohibitory orders
Mumbai, July 24 -- 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.
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 ostensible reason for the arrests appears to be that no permission has been given for protesting at Chaityabhoomi."
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 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 from July 7-21.
"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."
Leading criminal lawyer Satish Maneshinde on Thursday said that he would support students facing criminal action for participating in protests in the city, demanding government accountability over recent competitive examination paper leaks.
Maneshinde said that the first information reports (FIRs) registered by the police against protesting students had no legal basis. "What the students are agitating for is the cleansing of the education system. They have been protesting peacefully. If the police have gone to the extent of arresting innocent people or threatening them with arrest, it's really shocking," the senior advocate said.
"A large number of students have approached me through their organisations. Wherever they need me, I and my team will appear for them in court pro bono," he said....
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