CHENNAI: The Madras High Court has permitted residents of a village to stage a sit-in protest on crematorium grounds to draw the authorities’ attention to their prolonged grievances over alleged pollution caused by a rice mill operated by the Tamil Nadu Civil Supplies Corporation, observing that the right to protest is a form of expression guaranteed under the Constitution.
Justice V Lakshminarayanan granted permission on a petition filed by M Anburaj of Sitharkadu village in Mayiladuthurai district to conduct the sit-in stir on November 9.
The petitioner approached the court after the Mayiladuthurai police denied permission to conduct the protest. Advocate A Ganapatheeswaran appeared for him.
“The right to protest is a form of expression under Article 19(1)(a) of the Constitution. Furthermore, under Article 19(1)(b), the citizens of this Country are given the right to assemble peacefully, albeit without arms,” he said in the recent order.
He noted, by indulging in a protest and bringing to the notice of the authorities the alleged pollution caused by the Modern Rice Mill being run by an entity controlled by the state government, the petitioner and the residents of Sitharkadu village are merely implementing their fundamental duties under Articles 51A(a) & 51A(g) of the Constitution of India.
“Such a protest cannot be nipped in the bud,” he said.
Citing the Supreme Court’s judgment in Mazdoor Kisan Shakti Sangathan Vs Union of India, the judge stated that ‘a protest indulged in by citizens operates as an escape valve for the pressure that builds up in society.’
In the event, the escape valve is closed, it could lead to an explosive situation, he cautioned.
Referring to the submission of Additional Public Prosecutor Arun Anbumani that the police had denied permission foreseeing law and order issues, Justice Lakshminarayanan said permission cannot be denied on such apprehensions.
“As long as the protest is peaceful and does not create any problem, this Court finds absolutely no grounds to sustain the order of refusal of permission to indulge in a protest,” the judge stated.
He ordered the granting of permission to hold the event commencing from November 29 in a peaceful manner and directed the organisers to give way to conduct of any rituals or obsequies in connection with death during the stir.
