"The story of Mahatma Gandhi is the story of non-violence. He believed in the god of truth and led the freedom movement. The mode adopted by Gandhiju to obtain his goal was fasting. Unlike other forms of agitations, fasting is considered non-violent method of protest and expression of dissent," observed Justice K K Sasidharan on Tuesday.
Slamming of denial of police permission for the protest programme, the judge cited the Supreme Court's observations in the Ramlila Maidan case, "freedom of speech, right to assemble and demonstrate by holding dharnas and peaceful agitations are the basic features of a democratic system."
Thiagu wanted to organize indefinite fast near Thiruvalluvar statue on the Marina beach to highlight the Sri Lankan issue. He wants Sri Lanka to be expelled from the Commonwealth and urged the prime minister not to participate in the meet in the island-nation later this year. After the request was rejected on September 19, he filed the present petition.
His counsel N G R Prasad submitted that hunger strike was s recognized mode of protest and that the present as well as former chief minister of Tamil Nadu had adopted the mode to express their protest in a peaceful manner on various occasions.
Additional advocate-general P H Aravindh Pandian, however, sought to distinguish a token fast lasting for a day or two, and the indefinite fast saying the latter was impermissible in law. The fast would attract a number of visitors resulting in disturbance to public order, he said, adding that Marina Beach was not the approved venue for such programmes.
Justice Sasidharan said, "the state having allowed similar forms of protest earlier, cannot adopt a different yardstick now." Noting that police had enough power and resources to regulate rather than restrict the protest, the judge said, "police appears to have taken a polity decision to ban public meetings and other kinds of agitations, fearing possible law and order problem."
When a person approaches the authorities with a request to permit him to go on fasting, the issue should be considered in the light of the freedom of speech and expression guaranteed by the Constitution, Justice Sasidharan observed, adding, "it is impermissible to prohibit it without any rhyme or reason."
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