The Gujarat Khedut Samaj, an independent farmers’ organisation, in a petition to the Gujarat High Court, has challenged the refusal by the Police Commissioner, Surat, to hold a meeting of farmers to discuss issues related to the three farm laws in the compounds of the office a cooperative society, stating, it amounts to undermining fundamental right to “get together, associate, hold meetings and express opinion guaranteed under Article 19.”
Filed in the High Court through senior advocate Anandvardhan Yagnik, the petition said, the permission was refused on apprehension that the ongoing corona pandemic are “likely to be violated” as there would be gathering of farmers in large numbers, and that it is being planned in support the farmers protesting in Delhi and oppose state and Central governments.
Stating that the police commissioner’s refusal is “illegal and unconstitutional”, the petition argues that not only does it violate Article 19 of the Constitution, it refuses to take into account that the permission for the meeting was sought with categorical assurance that they would gather to discuss farmers’ issues well within the guidelines of Covid-19 , particularly that it wouldn’t be gathering of more than 200 persons.
Pointing out that the expression of support to a non-violent agitation anywhere in India by words and expression of opposition on the issues of the State and Central governments is well within “freedom of expression” guaranteed under Article 19 of the Constitution of India, the petition regrets, the permission was refused without any chance given to those who had sought it.
The petition said, as per the Bombay Police Act, 1951 the permission to hold a meeting can be refused only after giving opportunity of hearing and on the issues on which the permission is likely to be denied. In absence of such hearing, it added, the impugned decision is in violation of Section 33 (1)(o) of the Act and Rules framed under it.
Comments