Demonstrations Which Create Disturbance To Public Not Protected Under Article 19(1):SC

Supreme Court of India on Friday observed that demonstrations are also a mode of expression of the rights guaranteed under Article 19 and the demonstrations whether political, religious or social or other demonstrations which create public, disturbances or operate as nuisances, or create or manifestly threaten some tangible public or private mischief, are not covered by protection. Supreme Court of India on Friday observed that demonstrations are also a mode of expression of the rights guaranteed under Article 19 and the demonstrations whether political, religious or social or other demonstrations which create public, disturbances or operate as nuisances, or create or manifestly threaten some tangible public or private mischief, are not covered by protection under Article 19. From the very nature of things a demonstration may take various forms; “it may be noisy and disorderly”, for instance stone-throwing by a crowd may be cited as an example of a violent 37 and disorderly demonstration and this would not obviously be within Article 19 or ”, said the Bench The Bench comprising Justice AK Sikri and Ashok Bhushan made the above observations in the Judgment by which it dismissed a petition filed by the President of Gorkha Janmukti Morcha praying for transfer of investigation of all First Information Reports lodged against the petitioner and other members of GJM, to any independent investigation agency. “It is clear that Article 19 and gives constitutional right to all citizens freedom of speech and expression which includes carrying out public demonstration also but public demonstration when becomes violent and damages the public and private properties and harm lives of people it goes beyond fundamental rights guaranteed under Article 19 and becomes an offence punishable under law”, the Bench added.