On December 1 and 2, 1948, the Constituent Assembly debated the report of the Fundamental Rights Committee. K M Munshi made a profound statement: “As a matter of fact, the essence of democracy is criticism of the government.” The Constitution of India confers upon all citizens fundamental rights, including the right to freedom of speech and expression, to assemble peaceably and without arms, and to move freely throughout the territory of India. True, these rights are subject to any law imposing “reasonable restrictions”, inter-alia in the interest of the sovereignty and integrity of India, security of state, public order or incitement to offence.

The Constitution bench of the Supreme Court in Himmat Lal K Shah (1973) affirmatively declared, “…the state cannot by law abridge or take away the right of assembly by prohibiting assembly on public street or public place. The state can only make regulations in aid of the right of assembly of each citizen and can only impose reasonable restrictions in the interest of public order” but “state cannot impose unreasonable restrictions. It must be kept in mind that Article 19(1)(b), read with Article 13, protects citizens against state action.

Justice Mathew, in a powerful concurring opinion, said, “Freedom of assembly is an essential element of any democratic system. At the root of this concept lies the citizens’ right to meet face to face with others for the discussion of their ideas and problems — religious, political, economic or social.” He held, “Public meeting in open spaces and public streets forms part of the tradition of our national life.” He declared: “The conferment of a fundamental right of public assembly would have been an exercise in futility if the government and local authorities could legally close all places where alone only vast majority of people could exercise the right” and that “there is a fundamental right to hold [a] public meeting in public streets” and that right cannot be taken away under an unguided discretion.

Farmer leaders, who have spearheaded a peaceful satyagraha for over many days, are now sought to be implicated in criminal cases without any reason. The protesting farmers and their leaders wanted a peaceful rally in tune with their peaceful and organised protest. An attempt was made by certain people to scuttle them from their path. One can only hope that the police and, especially the judiciary, the subordinate judiciary, will see through this game to catch the culprits and not the innocents.

Indian express 4:02:2021