CAA and Karnataka HC
CAA and Karnataka HC
Litigation News

Section 144: Consistently respecting people's right to protest, State Govt to Karnataka HC

Rintu Mariam Biju

In the matter pertaining to the legality of the Section 144 order that was imposed in Bangalore on December 18, the Karnataka High Court today granted time to the petitioners to file their rejoinder to the objections tendered by the state government.

In its statement of objections filed against the petition, the state government has contended that it has been consistently respecting and supporting the people’s right to peacefully protest. This is evident from the fact that since the Section 144 order was lifted, permissions for nine protests have been granted, the statement of objections notes.

When the matter was taken up today, a Division Bench of Chief Justice Abhay Oka and Justice Hemant Chandangoudar asked Advocate General Prabhuling Navadgi how many permissions were granted after the imposition on Section 144, which ended within 66 hours of its initiation.

As per the objections filed on behalf of the state, since the fundamental rights enshrined under Articles 19(1)(a) and 19(1)(b) are not absolute rights, they could be subject to reasonable restrictions as and when the situation demands. In this regard, it was stated,

"In short, Section 144 is a provision that empowers the jurisdictional officer to impose restrictions that are required to meet an emergent situation in order to maintain law and order and prevent the disturbance of peace and danger to human life and health."

Objections filed by AG

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