TRIPURA PEOPLE'S FRONT Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The Apex Court in Ramlila Maidan Incident, in Re;(2012)5 SCC 1(2 Judge Bench) has extensively dealt with the law relating to the seven liberties enshrined in Part III of the Constitution of India.

(2.) The right, be it of freedom of speech and expression or peaceful assembly, can be abridged only in accordance with the procedure established by law. The reasonability of the restriction in exercising such a right is a matter which squarely falls within the power of judicial review of this Court.

(3.) It is a settled position of law that there is a direct and more implied responsibility upon the government to function openly and in public interest. The right to information itself emerges from the right to freedom of speech and expression. Further, unlike an individual, State owns a multi-dimensional responsibility. It has to maintain and ensure security of the State, as well as social and public order. It has to give utmost regard to the right to freedom of speech and expression, which a citizen or a group of citizens may assert. So also, inter alia, right to assemble peacefully. The State also has a duty to provide security and protection to the persons who wish to exercise such right of assembly, peaceful in nature.