Citizens can voice concern but within bounds of law: Delhi HC

New Delhi, Sep 2 (PTI) While rejecting the bail of nine accused persons in the "larger conspiracy" case of February 2020 riots, the Delhi High Court on Tuesday underlined the citizens' right to voice concerns against legislative actions but cautioned such actions must be within the "bounds of law".

The high court said the right to participate in peaceful protests and to make speeches in public meetings was protected under Article 19(1)(a) and the same couldn't be blatantly curtailed.

"Nonetheless, this right is not absolute, as it is subject to the reasonable restrictions imposed by the Constitution. If the exercise of an unfettered right to protest were permitted, it would damage the constitutional framework and impinge upon the law-and-order situation in the country," a bench of Justices Navin Chawla and Shalinder Kaur said in a 133-page verdict.

The high court opined any "conspiratorial violence" under the garb of protests or demonstrations by citizens couldn't be allowed.

Calling for a regulation by the state machinery, the bench opined such actions did not fall within the ambit of "freedom of speech, expression, and association".

The bench further said the Constitution afforded citizens the right to protest and carry out demonstrations or agitations, given such demonstrations were "orderly, peaceful and without arms".

"Citizens have a fundamental right to voice their concerns against the legislative actions, which only fortifies the democratic setup by indicating the participation of the citizens in governance," the verdict added.

The bench continued, "This right is crucial, as it enables the citizens to express their dissent, expose flaws in governance, and demand accountability from the state authorities. However, such actions must be within the bounds of law." Activists Umar Khalid, Sharjeel Imam and seven others, who are behind the bars for the last five years, failed to get any relief from the Delhi High Court.

The bench delivered its verdict on the bail pleas of Khalid, Imam, Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, Abdul Khalid Saifi, Gulfisha Fatima and Shadab Ahmed.

They all were booked under Unlawful Activities (Prevention) Act (UAPA) and provisions of IPC for allegedly being the "masterminds" of the February 2020 riots, which left 53 people dead and over 700 injured.

The violence erupted during the protests against the CAA and NRC.

The accused have denied all the allegations levelled against them. PTI SKV SKV AMK AMK