Everyone has right to protest, but it must not threaten public order: CJI Surya Kant

Everyone has the right to stage a peaceful protest with the boundaries of law, but it should not pose a threat and create a law and order situation causing inconvenience to the people, Chief Justice of India (CJI) Surya Kant said on Tuesday (May 19).

Petition raises protest-linked cases

He made the remarks responding to the claims made in a petition stating that criminal cases were lodged against people protesting in relation to naming of the Navi Mumbai International Airport.

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"They should not threat and create law and order problem. Everybody has a right to peaceful and lawful protest...as permissible in law can be done. But not come on streets and create problems for the common man...That should not happen", stated the CJI who was hearing the petition along with Justice Joymalya Bagchi and Justice Vipul M Pancholi, reported Live Law.

Bombay HC earlier dismissed plea

The petition filed by 'Prakashjhot Samajik Sanstha' challenged a Bombay High Court order which earlier declined a similar plea.

The bench disposed the plea while granting liberty to the petitioner to approach the competent authority. The petition relates to the Maharashtra government’s proposal to rename the Navi Mumbai airport as 'Loknete DB Patil Navi Mumbai International Airport'.

‘Naming falls under policy domain’

Responding to the petitioner’s plea seeking a time bound decision from the Centre with regard to the State Government’s proposal, the CJI pointed out that the matter comes under the policy domain.

"Is it the function of the Court that what should be the name of an airport?" the CJI asked the petitioner’s counsel.

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The counsel responded stating that the government can name the airport any way it seems fit, but the decision should come in a time bound manner.

“Why should we pass an order? Tomorrow they may say we do not want to name...please don't ask for an order that become embarrassing for us also,” stated the CJI.

Urges democratic remedies

"In a democratic setup, you have certain rights and you can pursue your remedies,” he added. When the petitioner’s counsel submitted that other remedies were adapted but tut the Centre did not respond, the CHI said that one has to be persistent in raising demands.

"In a democratic setup, authorities will ultimately realize that some decision has to be taken,” he added.