CHENNAI: The Madras High Court on Monday set aside a single judge order permitting farmer leader P Ayyakannu to stage a one-day fast at the Marina beach here.
The court allowed an appeal by the state government against the single judge order directing the city police commissioner to allow him to conduct the protest.
"The right to protest, no doubt, is available to all the citizens in a democratic country like ours. Unfortunately, this right to protest has been continuously misunderstood as a right to inconvenience the general public," a division bench of Justice K K Sasidharan and Justice R Subramanian said.
"The protesters who claim to espouse the cause of the public often forget that their right to protest ends when the other person's right to free movement and right to not to listen to starts," the bench added.
While pointing out that a complete ban would amount to an unreasonable restriction, the Supreme Court had upheld the right of the government to place reasonable restrictions with reference to the time and the place at which such protests or public meetings are to be held, it said.
Ayyakkannu had moved the high court after the police denied him and his farmers' group permission to go on a 90-day fast at Marina Beach demanding that the Centre set up the Cauvery Water Management Board.
Ayyakkannu and other farmers have earlier staged protests on the Cauvery issue in New Delhi.
Allowing the state government's appeal, the court said "we find that the restrictions placed are reasonable and they do not in any manner curtail the freedom guaranteed under Article 19(1)(b) of the Constitution of India.
" The court placed the affidavit on record. It is made clear that the policy decision taken by the state government not to allow any form of protests or dharnas on the sands of Marina or on the service road or on Kamaraj Salai should be adhered to strictly in future," the bench said.
The exceptions cited were homage to leaders, whose samadhis or statues are situated on the Marina, and Republic Day parade, besides conducting awareness programmes by holding marathons and rallies.
"Petitioner/respondent has no vested right to demand that he would conduct his protest or fast only at place chosen by him and not at the place offered by the authorities," the bench said.
It also found fault with vehicles belonging to state transport corporations and other government departments, awaiting inauguration or induction, parked on Kamaraj Salai and thereby leading to traffic snarls.
"We hope that the government takes into account the inconvenience caused to the public because of such actions and restrict such parking of new vehicles at Kamaraj Salai at the time of launching or induction (into service)," the bench said.