SC Permits Peaceful Protests In Tamil Nadu Against NEET, But Warns Against Disruption Of Normal Life [Read Order]

The Supreme Court, while hearing a petition seeking directions to Tamil Nadu Government to maintain law and order during the protests against the NEET Examination, sought to distinguish between peaceful protests from breakdown of law and order.

The petitioner, G.S.Mani, an advocate practising in the Suprreme Court, brought to the attention of the bench of the Chief Justice Dipak Misra, and Justices D.Y.Chandrachud and A.M.Khanwilkar, that political parties and sections of public are planning illegal strikes, road blocking, rail roko etc against the NEET examination, because of the Supreme Court’s judgment upholding it.

Mani pointed out that the State has the obligation to maintain law and order during protests against a judgment of the Supreme Court, and that persons who are in dire need to move should not face difficulty.   Obstructing movement of vehicles, and people at large would be tantamount to “creating a law and order situation”, he suggested.

Mani relied on the Supreme Court’s decision in All India Anna Dravida Munnetra Kazhagam v Chief Secretary, Government of Tamil Nadu and others (2009) to plead that the Court should issue interim directions to the Government to ensure that nobody issues a call for bandh.  The Court, in that case, took note of the violent agitations in support of the Sethusamudram project, and justified its order to restrain respondents from organising any protests, without hearing them.

The Court also relied on the Supreme Court’s judgment in Communist Party of India (M) v Bharat Kumar (1998), which banned bandhs, and applied the principle laid down in both the cases, to justify its interim order in this case.

The matter will now be heard again on September 18, when Tamil Nadu’s Advocate General has been asked to assist the Court.