Peaceful Protests Deepen Reach Of Democracy, Increase Chances Of Its Survival: Madras High Court Allows Protests By BJP In Tirunelveli

Justice G Jayachandran observed that in a democratic country, every political party had a right to conduct an agitation, and a peaceful protest could deepen a democracy's reach and improve its chances of survival.

“The right of expression is essential in a democracy. Peaceful protests can deepen democracy's reach and improve its chances of survival. In a Democratic Country, every political party is having a right to conduct an agitation,” the court observed.

The court was hearing a petition by Kandasamy, the District General Secretary of the Agriculture Wing of the BJP, Tirunelveli. He had approached the court seeking police protection for conducting a protest at Gobalasamuthiram Main Bazar in Tirunelveli. He informed the court that the protest was for the goodness of the people and though a representation was submitted to the authorities, it was not appreciated by them prompting him to approach the high court.

The state informed the court that they were ready to adhere to any direction issued by the court in this regard.

Noting that the right of expression was an essential element, the court was inclined to allow the plea and directed the authorities to pass suitable orders on the representation by Kandasamy. The court also directed the authorities to ensure that the protest was conducted in a peaceful manner and allowed them to impose reasonable conditions, which they deemed fit to ensure the same.

Counsel for Petitioner: Mr.S.Kanagarajan

Counsel for Respondent: Mr.T.Senthil Kumar Additional Public Prosecutor

Citation: 2024 LiveLaw (Mad) 283

Case Title: Kandasamy v The District Superintendent of Police and Others

Case No: WP(MD)No.15522 of 2024