Citizens can protest on an issue even if it is pending before court: Andhra Pradesh High Court

The Andhra Pradesh High Court recently observed that citizens have a right to protest on an issue already pending adjudication before a constitutional court [KV Krishnaiah v. State of Andhra Pradesh]..A Division Bench of Justices Ahsanuddin Amanullah and BS Bhanumathi, said that approaching a Constitutional court for redressal of grievances would not disentitle a citizen from protesting in relation to the same. "We say so for the reason that when the Court would be looking at the dispute, it would examine the matter only from a legal lens, based upon settled parameters of adjudication; whereas, the purpose of protest is to draw attention of the government to an issue," the High Court ruled..In the instant case, the petitioner had moved a writ petition before the High Court to quash a government notification that provided revised pay scales, as illegal and arbitrary and against the principles of natural justice and contrary to the provisions of the Andhra Pradesh Re-Organization Act 2014 and Constitution of India..The Advocate General, appearing for the State, argued that when the Court had already been called upon, by way of this writ petition, albeit by a government employee in his individual capacity, it was not proper for the employees to give a call for, or proceed on strike, which could bring the State’s administrative machinery to a grinding halt. While Article 19(1)(a) of the Constitution of India guarantees to all citizens the right to freedom of speech and expression, such right is not absolute, he said..The Court directed that the instant case be listed before a proper bench according to roster of the Court, but made it clear that citizens will not be disentitled from exercising their right to protest on an issue already pending adjudication before the Court..Interestingly, in October, last year, a Division Bench of Justices AM Khanwilkar and CT Ravikumar had raised the question as to whether those protesting against the Central government's farm laws can claim the right to protest after they have approached the courts challenging the laws.However, hearing the same issue, another bench comprising Justices Sanjay Kishan Kaul and MM Sundresh had made it clear that it was not against the protests by the farmers on the legislation which was already pending adjudication, but rather opined that it should not be done by way of blocking highways and causing inconvenience to public..Right to Protest: How far can it be restricted? .[Read Order]

Citizens can protest on an issue even if it is pending before court: Andhra Pradesh High Court

Anadi Tiwari

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