INDIAN INSTITUTE OF TECHNOLOGY Vs. CO ORDINATION COMMITTEE

JUDGEMENT

(1.) The plaintiff, which is country's ace Institution for Technical Education, has approached this Court through this suit for restraining the' defendants, who are involved in union activities and their office bearers, associates, servants,'agents from holding any agitation, demonstration or "dharna' in ' any manner whatsoever within the radius of 200 meters from the main entrance of the campus of the IIT Delhi at Hauz Khas, Mew Delhi , a premier Institute of the country and also from gheraoing any of its officers, causing any wrongful restraint, nuisance or annoyance of any of the employees of the defedants, intimidating or 'preventing or obstructing their access to and ingress and egress from the said premises of the. Institute and from causing any obstruction or disturbance in any.manner whatsoever in the conduct of classes, sessions in the laboratories and departments.

(2.) However the defendants have challenged the very maintainability of the suit as according to them the suit is malafide as on 16/9/1999 they had informed the Director of the plaintiff Institute during the discussions that the 'Mass Dharna" scheduled for 20/9/1999 would not be held, but the Union would continue with its daily two hours peaceful 'dharna'. The Director was told that a resolution to that effect would be passed and conveyed to him on 17/9/1999 but with the object of over-reaching and over-awing the Union and its members, the Director rushed to the Court and concealed the aforesaid facts which if brought to the notice would have disentitled 'him from claiming the ex parte injunction.

(3.) In view of this what is relevant as to the right to freedom of speech and expression for the aforesaid purpose is as to what is the nature and extent of right to hold demonstrations and whether such a right is absolute right in terms of Article 19 of the Constitution of India which guarantees the right of freedom or speech and of assembling peacefully and grants freedom to form associations as contemplated by clause 9(b)and (c) of the Article 19.