Freedom of Speech the ‘bulwark’ of democracy

Context:

The Andhra Pradesh High Court has set aside a Government Order (GO) issued by the Andhra Pradesh government that sought to regulate public meetings, processions, and assemblies on roads, highways, and streets.

What is the government order and why was it issued?

• The basis of the challenge in the present case titled ‘Kaka Ramakrishna vs. The State of Andhra Pradesh’.
• The state government relied on Sections 30, 30A, and 31 of the Police Act, 1861, to issue directions under the GO.
• The Andhra Pradesh government contended before the court that in light of certain fatal accidents that occurred in the recent past, involving loss of life, etc., in a stampede, it had decided to “regulate” the conduct of meetings without imposing a blanket ban on the same. 
• It was also submitted that “roads are made for smooth movement of vehicular traffic and for transportation” and therefore if there is a hindrance to the same by holding meetings, the state can definitely impose reasonable restrictions.

What did the Court said?

• Section 30 clarifies that the Police Act only gives authorities the power to “regulate” the conduct of assemblies, processions, etc., on public roads or thoroughfares.
• If the officer concerned thinks that the assembly may cause a breach of peace, he can ask the organisers to apply for a licence and prescribe the conditions under which the meeting or procession can be held. 
• The right to assemble or protest peacefully in streets, public places, thoroughfares, etc. cannot be restricted totally by virtue of these sections of law.”
• The objective of the state to prevent loss of life could have been a reasonable one but the directions given in the GO ultimately conferred “arbitrary power” on the officer in relation to a fundamental right under Part 3 of the Constitution. 
• Such a right can only be subject to a ‘reasonable restriction’ while placing reliance on the top court’s 2018 decision in ‘Mazdoor Kisan Shakti Sangathan v Union of India and Another’, which laid down guidelines for peaceful assembly.

What were the guidelines laid down in the 2018 SC ruling?

• The court laid down guidelines for regulating such protests and demonstrations while adding that the fundamental right to peaceful assembly under Article 19(1)(b) of the Constitution of India can be reasonably restricted. 
• The guidelines included regulating the intended number of participants in such demonstrations, also prescribed the minimum distance from the important and official places like Parliament House, North and South Blocks, etc.
• The court also disallowed demonstrators from carrying firearms, lathis, spears, swords, etc.

News Source: The Indian Express