Citizens Have Right To Protest In Democratic Set-Up But Public Places Can't Be Occupied Indefinitely: Karnataka High Court

The Karnataka High Court on Wednesday (April 22) dismissed plea by State Road Transport Employees League seeking permission to hold an indefinite hunger strike at Bengaluru's Freedom Park, holding that while citizens have a right to protest however public places cannot be occupied indefinitely.The single judge bench of Justice Sachin Shankar Magadum noted that the application submitted by the body to the Police Commissioner seeking permission was 'fundamentally flawed' and contrary to scheme under Licensing and Regulation of Protests, Demonstrations and Protest Marches (Bengaluru City) Order, 2021. Under this the licensing authority is also conferred with the power to impose time restrictions for demonstrations/ protests. “…It is clearly evident that the petitioner association intends to go on an indefinite strike [at Freedom Park], which contravenes Amit Sahni v. Commissioner of Police(2020). The apex court has held that all citizens have the right to go on a protest in a democratic set-up, but public places cannot be occupied indefinitely. Now the rules mandate that the citizen applying for a license to hold a protest has to necessarily comply with requisites under Form 1-4 in the Licensing and Regulation of Protests, Demonstrations and Protest Marches (Bengaluru City) Order, 2021…”, the court said. However, the court clarified that the petitioner is at liberty to submit a fresh application that complies with the Protest March Regulation Rules, 2021.The petitioner had challenged an endorsement dated 16.02.2026 issued by the Commissioner of Police, refusing permission to go on a peaceful, indefinite strike at Freedom Park. It sought a direction to the police authorities to permit a peaceful protest at the venue from 21.04.2026, along with an interim stay on the operation of the Commissioner's negative endorsement.As per various news reports, many federations of transport employees are demanding implementation of equal pay on par with government employees, immediate payment of salary arrears, periodic union elections and recognition of labour organisations.Today, the Additional Advocate General appearing for the State filed a memo enclosing the endorsement issued by the Police Commissioner rejecting the League's application. The AGA submitted that the application was rejected for not following the format contemplated under the Protest March Regulation Rules, 2021. Moreover, the application is contrary to the scheme of the granting of a license to hold demonstrations, and hence, the application got rejected, the state submitted.The State argued that the petitioner can either challenge the refusal before the appellate authority mentioned in the 2021 Rules or resubmit a fresh application adhering to the licensing regulations, 2021, which mandates that applications have to be tendered in Form 1- Form 4.After hearing both parties, the court dismissed the writ petition and noted further in the order as follows:“…No indulgence can be granted but the petitioner can resubmit a fresh application adhering to the mandate under 2021 rules”.Case Title: Karnataka Road Transport Employees League v.Chief Secretary, State of Karnataka & OrsCase No:WP 12716/2026

Citizens Have Right To Protest In Democratic Set-Up But Public Places Can't Be Occupied Indefinitely: Karnataka High Court

Sebin James

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