LOK NYAYARTH SANTHA Vs. STATE OF U P

JUDGEMENT

(1.) In these proceedings, which have been filed in public interest, the petitioner has sought the following directions:

(2.) Learned Standing Counsel has now stated before the Court that no permissions are being granted by the State Government for holding Dharnas and protests at the Shaheed Smarak. That would sufficiently deal with the first prayer in this public interest litigation. As regards the second prayer for earmarking another place for holding Dharna and protests, learned Standing Counsel states that the District Administration has submitted a report to the State Government, which is under active consideration.

(3.) This is evidently a matter where it would not be appropriate to the Court to issue any direction having regard to the constitutional mandate enshrined under Article 226 of the Constitution of India, but we expect that the State Government will take a decision, which must necessarily comprehend the facilitation of convenience of the members of the general public of the City, who are entitled to use the public roads for their normal and peaceful avocations. Holding of Dharna and protests is undoubtedly a feature, which is essential in a system wedded to democratic governance. However, the freedom of speech and of movement, which is recognized in the Constitution of India, has to be balanced with the freedom of others in such manner that the lives of common citizens are not disrupted by such Dharnas and protests.