Student Protests : Bombay High Court Lawyers Condemn Mumbai Police Detentions, Seek Withdrawal Of Prohibitory Orders

A group of advocates practising before the Bombay High Court has strongly criticised the Mumbai Police's action against protesters and called for the withdrawal of sweeping prohibitory orders imposed across the city, contending that they unjustifiably curtail citizens' fundamental right to peaceful assembly.In a statement issued, the advocates referred to reports that more than 300 persons, including minors, were detained on July 20 after gathering in and around Shivaji Park to participate in peaceful protests. According to the statement, the police action was reportedly based on the ground that no permission had been granted for protests at Chaityabhoomi.The statement was supported by 141 lawyers including Senior Advocates Janak Dwarakadas, Navroz Seervai, Gayatri Singh, Mihir Desai, Haresh Jagtiani, Yug Mohit Chaudhary, Dinyar Madon, Advocate Arti Raghavan and several others.The lawyers asserted that the freedom to assemble peacefully without arms is guaranteed under Article 19(1)(b) of the Constitution and warned that the right becomes "meaningless" if authorities prohibit all protests in the name of regulation and reasonable restrictions.The statement also questioned the legality of the prohibitory orders issued by the Office of the Commissioner of Police under Section 37(3) of the Maharashtra Police Act, 1951.It pointed out that an order dated July 3 prohibited assemblies of five or more persons, processions and the use of loudspeakers across Brihanmumbai from July 7 to July 21. Although the order stated that it would be widely publicised through the media, loudspeakers and by affixing copies at public places, the advocates alleged that it received "no visibility or publication," thereby preventing affected persons from challenging it before courts.The advocates further highlighted that another identically worded prohibitory order was issued on July 18 for the period from July 23 to August 6, with only a one-day gap between the two orders. They contended that Section 37(3) does not permit such prohibitions to remain in force for more than 15 days without State Government sanction, and alleged that the back-to-back orders appeared designed to circumvent that statutory requirement.The statement argued that constitutional courts have consistently held that restrictions on peaceful assembly must be supported by specific facts, reasons and an assessment that the measures adopted are the least restrictive means available. However, the Mumbai Police orders merely referred to information received from "various sources" without disclosing any factual basis or indicating that any independent verification had been undertaken, the lawyers said.Expressing concern over what they described as a lack of accountability in issuing such orders, the advocates said citizens are often left with no immediate remedy except approaching already overburdened courts.They urged the Mumbai Police Commissioner to withdraw the prohibitory orders and called upon law enforcement authorities to refrain from taking action against citizens engaging in peaceful protests."It ought not to fall on citizens to seek recourse to already overburdened courts, and spend scarce judicial time to assail orders that are quite plainly on shaky legal footing," the statement said, while urging the police to respect the constitutional right to peaceful assembly.The Bombay Bar Association has also passed a resolution condemning the Delhi police's use of force against the protesters at Jantar Mantar. Yesterday, the Supreme Court Bar Association as well as the Supreme Court Advocates-on-Record Association passed similar resolutions.Signatories :Janak DwarkadasNavroz SeervaiGayatri SinghMihir DesaiHaresh JagtianiYug Mohit ChaudhryDinyar MadonArti RaghavanPrakruti JoshiFatema LokhandwalaAnushka SharmaHuzan BhumgaraAbir RayVeena GowdaSukruta ChimalkerAditi UniyalRishika AgarwalRicha RoyPranjal JadhavLara JesaniPritha PaulNamrata ZaveriSanskruti yagnikJuan DsouzaNawaz Percy DordiDipankar kamblePranava ShahAarushi Anil YadavRutuja ShedgeAditya GhanbahadurAditya MehtaChandni ChawlaGamya SYash MomayaZainab naved gaganLatoya FernsShenoy Gaurav NarasinhaNupur JalanShraddha ShindeAditi GoyalUjwal Ranjeet NagaraleFiroza DaruwalaSiddhant PaithankarAnubhav GhoshPranav BajajJanavi KhantYashaswi BelaniMohammad M AbdiVibha JoshiHarshadaArya MirganeSamreen FatimaTarshish PereiraParimal WaghAtul Atmaram LondheAgalave Sham HariLizum WangdiNetra HaldankarRajesh Arvind PatelArjun KadamViraj ParikhShreya MohapatraVishnu JeromeAryan ShahAkshay Pandurang DhageJay KholiyaVriddhi PardasanyYukta PalveRonita Bhattacharya BectorDarshit JainZaman AliAbhiraj ParabChetan MaliAnanya GandhiSoumya MishraDeeksha Dev SinghUpesh Jaywant PatilAgneya GopinathMeenaz KakaliaAshish GoelAnisha DidwaniaArchana Punja RupwateSimran JalanVishal Chandra BoseAakash VedakSreeram VGPranita SabooGautam BhatiaGenevieve DsouzaAnasamahMonica OholDeepti MohanNidhi SinghPeterasp SasuriShruti Kailash ShirkePrachi...

Student Protests : Bombay High Court Lawyers Condemn Mumbai Police Detentions, Seek Withdrawal Of Prohibitory Orders

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Student Protests : Bombay High Court Lawyers Condemn Mumbai Police Detentions, Seek Withdrawal Of Prohibitory Orders

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