Background:
The Supreme Court recently addressed a petition filed by activist Aruna Roy regarding the restrictions imposed by Section 144 orders across the country.
Section 144 prohibits gatherings of four or more people and has been widely implemented, hindering voter awareness rallies.
Key Points:
The Supreme Court directed authorities to make a decision within three days on whether individuals can hold rallies on voter awareness, even amid Section 144 orders, after applying for permission.
Activist Aruna Roy’s petition highlighted the widespread imposition of blanket Section 144 orders, which she argued were impeding voter awareness efforts.
The bench, comprising Justices BR Gavai and Sandeep Mehta, acknowledged the urgency of the matter and scheduled a follow-up hearing in two weeks.
Impacts:
This ruling is crucial as it ensures that individuals seeking to organize voter awareness rallies have a timely decision on their permission requests, despite prohibitory orders like Section 144.
By addressing the concerns raised by Aruna Roy, the Supreme Court underscores the importance of democratic processes and citizen participation in elections.
Legal Analysis:
Advocate Prashant Bhushan, representing Aruna Roy, argued against the indiscriminate application of Section 144 orders, particularly in the context of restricting voter awareness activities.
Bhushan emphasized that authorities should decide on permission requests within 48 hours and highlighted the need for genuine apprehension of breach of peace to justify the imposition of Section 144 orders.
The court’s interim order reflects a balanced approach, ensuring that democratic rights are upheld while also considering the maintenance of public order.
Conclusion:
The Supreme Court’s directive to authorities to decide on rally permissions within three days, despite Section 144 orders, is a significant step towards safeguarding democratic processes.
This decision reaffirms the judiciary’s commitment to protecting fundamental rights, including the right to freedom of expression and assembly, even in the face of administrative restrictions.
SOURCE – India Today
