No Fundamental Right To Protest Anywhere The Agitator Pleases: Kerala High Court

The Kerala High Court in a recent judgment held that there is no fundamental right to protest at any place the agitator pleases, and reasonable restriction can be imposed on the exercise of such right.Federal Bank Officers' Association is a trade union which held a dharna in front of its Aluva office holding posters, banners, placards and shouting slogans. The Bank filed a suit before the Munisff for a permanent prohibitory injunction restraining the union, its members and supporters from obstructing the bank officials and customers from dealing with the bank. A temporary injunction was granted by the trial Court restricting demonstration within a 200-meter radius of the Bank premises. In appeal, the District Court modified this order and directed that the agitators will be restrained from holding any demonstration in a manner obstructing peaceful functioning of the Bank. It is challenging this order that the Bank approached the High Court.The Bank argued that there are a number of High Court and Supreme Court decisions wherein dharnas/ demonstrations have been restricted within 100-200 meters from the premises of the Bank/company/factory.The respondent argued that their acts are guaranteed under Article 19(1)(a) and 19(1)(b) of the Constitution and any order prohibiting it would be violative of the fundamental rights.The Single bench of Justice Kauser Edappagath held that the right under Article 19 is not absolute and it must be exercised in a way as not to interfere with the right of the employer to carry on their lawful business. Court said freedom of speech and expression cannot interfere with the right of someone else to enjoy property or carry on business. "The right also cannot be exercised in such a way as to intimidate the employers into submission." The Court agreed with the Bank's contention that even a peaceful demonstration, dharna or sloganeering in front of the bank would cause obstruction and discomfort to the customers coming to the bank and would undermine the confidence of the customers.The Court noted that various High Courts and Supreme Courts had fixed distance rule to balance the conflicting interest of the employer and employee. Accordingly, the High Court restricted any demonstrations, dharnas, shouting slogans within 50 meters from the premises of the offices of the bank.Counsel for Petitioner: Advocates Sidharth P. S., and Mansi GuptaCounsel for Respondent: Advocates Abhilash N., P. S. Sujeth, P. Arun, M. P. Unnikrishnan, N. RamakumarCase No: OP(C) No: 2332 of 2023Case Title: The Federal Bank Ltd. V Federal Bank Officer's AssociationCitation: 2024 LiveLaw (Ker) 381Click here to Read/Download Judgment

No Fundamental Right To Protest Anywhere The Agitator Pleases: Kerala High Court

Manju Elsa Isac

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