When You Can Sit On Protests, Why Can't Those Against You: HC Raps Govt

HYDERABAD: Justice C.V. Bhaskar Reddy of the Telangana High Court questioned how the government and the police, who are in power in a democracy, could prevent the people and political parties from conduct protests.

“If the people cannot not vent their ire over their grievances, then what will they do... it is the fundamental right of the citizen to speak and that cannot be thwarted by the government,” Justice Bhaskar Reddy observed.

He was dealing with a lunch motion petition filed by BJP Telangana unit, through its general secretary G. Pradeep Kumar, seeking a direction to the Hyderabad police commissioner and DCP (central zone) to permit them to stage a protest at Dharna Chowk near Indira Park from 10 am to 5 pm on Tuesday. The police had rejected the petitioner’s application for permission citing law and order issues.

The BJP leaders, including state president and Union minister G. Kishan Reddy were listed to speak on allotment of 2BHK houses to the poor.

B. Rachna Reddy, senior counsel, appearing for the petitioner, informed the court that the 2BHK scheme has not been implemented despite assurances by the government.  She brought to the notice of the court that when Kishan Reddy was intending to visit the 2BHK site at Batasingaram, he was restrained by the police.

Government pleader Roopender informed the court that holding dharna with 1,000 persons — the BJP’s figure regarding the likely attendance —would create a law and order issue. If permission is granted then there is a possibility that the new steel bridge in the vicinity, which is slated for inauguration, would be damaged.

Reacting to the contentions and taking into consideration several recent petitions about the police not according permissions for dharnas, padayatras, rallies and other protest programs against government’s policies, Justice Bhaskar Reddy questioned the varied stand of the government in according permissions for protest programmes.

“When you (the Telangana government) can conduct the protest programme at Delhi against the Union government…. then why can’t they hold the protest against you here,” Justice Bhaskar Reddy said

He pointed out how ministers and others were in Delhi to participate in the dharna staged by the Telangana government.

“At that time there were no restrictions to conduct a dharna. There should be a uniform policy for everyone”, the court observed.

The court also cited the protest programmes in the United States during the agitation and questioned whether all these were allowed by the governments and police or not.

The court directed the police to grant permission to the BJP dharna, albeit with the participation of not more than 500 persons.