The Punjab and Haryana High Court has observed that while citizens have a fundamental right to assemble and express their views through peaceful protest, the competent authorities are duty-bound to take appropriate preventive and remedial measures in accordance with law if a protest turns violent or poses a threat to public safety.

A Division Bench of Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor said, “It is well settled that, in a democracy, citizens have a fundamental right to assemble and express their views through peaceful protest. Ordinarily, such a right ought not to be interfered with by the authorities. However, where a protest ceases to be peaceful, turns violent, or poses a threat to public safety, the competent authorities are duty-bound to take appropriate preventive and remedial measures in accordance with law to ensure the maintenance of public peace, order, and security.”

The Court added further, “We hope and trust that the States of Punjab and Haryana, as well as the Union Territory of Chandigarh, shall act with due sensitivity and responsibility and ensure that no untoward incident is permitted to occur. We further expect that all necessary preventive and remedial measures, as warranted in law, shall be taken for the protection of the life, liberty, and security of the public at large in accordance with law.”

The Court was hearing a PIL filed by Advocate Vivek Singla, taken up out of turn on special mentioning, apprehending a law and order situation on account of a protest proposed to be held by the Quami Insaf Morcha.

The petitioner's counsel, Senior Advocate R.S. Khosla, submitted that such protests often result in a grave law and order situation causing hardship to the public without any fault on their part, and that any siege of the town or localities in Chandigarh by protesters could cause irreparable injury to public interest. On the oral request of Senior Counsel, the Home Secretary, State of Haryana, was impleaded as respondent No.9, and the Registry was directed to amend the memo of parties accordingly.

Appearing for the respondents, Amit Jhanji, Senior Standing Counsel for U.T. Chandigarh, Salil Sabhlok, Senior DAG, Punjab, and Sourabh Goel, Additional A.G., Haryana, stated before the Court that the concerned authorities were aware of the threat perception and adequate police deployment would be made to check any untoward incident.

The matter has been listed for further hearing on August 20, 2026, by when status reports are to be filed by Punjab, Haryana and Chandigarh.

Case Title: Vivek Singla v. U.T., Chandigarh Administration and Others

Appearances: Senior Advocate R.S. Khosla with Advocate Mankreet Sangar for the petitioner; Amit Jhanji, Senior Standing Counsel, and Kunal Mulwani, Additional Standing Counsel, for U.T. Chandigarh; Salil Sabhlok, Senior DAG, Punjab; Sourabh Goel, Additional A.G., Haryana.

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