Plea In SC Seeks Ban On All Protests Against Citizenship Amendment Act [Read Petition]

The Hindu Dharma Parishad (HDP) has filed a PIL in Supreme Court seeking a ban on any protests and agitations, either for or against, regarding the Citizenship Amendment Act, 2019 (CAA). Additionally, the plea seeks the formulation of strict rules and issuance of guidelines against agitations by political parties and all organizations, religious or not, across the country.

The Parishad contends that a Act passed by the Parliament must be accepted by all and consequently, enforced by all states. The state governments of India do not have an alternative but to implement the legislation, and by not complying they must to be declared "anti-national", claims the petition.

The petitioner then accuses "anti national political parties" of backing people who are "indulging arson and riot" everyday. HDP further accuses States which have not agreed to implement CAA of "inducing the uneducated and minority people" to riot, "make fire", torch government property and causing damage worth crores. In this light, it is submitted that the government must "use an iron hand" to "quell the riot".

Invoking the principle of separation of powers, the petitioner argues that the Constitution empowers the parliament to make laws and further cites Article 246 to state that the powers of Parliament and State Legislatures are bifurcated. Citing the length and values enshrined in the Constitution repeatedly, the petitioner argues that once the Parliament has passed an Act on a particular issue, the States cannot make laws with respect to the same matter.

The additional prayer is to disallow any electronic telecommunications or any kind of electronic transfer communication regarding statements or videos of the anti-CAA agitations. Another direction to High Courts, to not take up any pleas regarding the legislation while the Apex Court is seized of the matter, has also been sought.

The petitioner has claimed that the CAA "has been implemented for the interest of our nation to take strong action on the terrorists and Anti Social elements because for the past several years terrorism has been spending all over India and explosion sound has been heard everyday."

It is claimed that the petitioner seeks to help Hindus, the suppressed, poor and downtrodden by educating and helping out in cases of Human Rights violations.

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