High Court: Peaceful Protesters not Traitors or Anti-Nationals

Somebody holding peaceful protests against a particular law can't be termed as traitors or anti-nationals, the High Court of Bombay said while giving permission to a few people to sit on an indefinite protest against the Citizenship Amendment Act in Beed district.

On Thursday, the Aurangabad bench of High Court observed that the petitioner & his companions only want to hold a peaceful agitation to show their protest. 

A division bench of Justice TV Nalavade & Justice MG Sewlikar was hearing a plea filed by one Iftekhar Shaikh challenging a Jan 31, 2020 order passed by a magistrate & a Jan 21, 2020 order of the Police refusing them permission to sit on an indefinite protest at Old Idgah Maidan in Majalgaon in Beed district against the CAA.

The Court in its order said, "This court wants to express that such persons cannot be called as traitors, anti-nationals only because they want to oppose one law. It will be act of protest & only against the Govt for the reason of CAA".

The bench observed that the orders passed by the magistrate & police were only because the petitioner & his companions wanted to agitate against CAA.

It said, presently, such agitations were going on everywhere & there was no whisper of agitations of other nature in this region.

The Bench in its order said, "We must keep in mind we are a democratic republic country & our Constitution has given us rule of law & not rule of majority. When such act (CAA) is made, some people may be of a particular religion like Muslims may feel that it is against their interest & such act needs to be opposed".

It noted that it is the duty of the Govt to approach such persons, have talks with them & try to convince them.

The Bench stated that "India got freedom due to agitations which were non- violent & this path of non-violence is followed by the people of this country till date. We are fortunate that most people of this country still believe in non-violence".

It added that "In the British period, our ancestors fought for freedom & also for human rights, & due to the philosophy behind the agitations, we created our Constitution. It can be said that it is unfortunate but the people are required to agitate against their own Govt now but only on that ground the agitation cannot be suppressed".

The bench held that orders passed by the magistrate & the police were illegal & needed to be quashed & set aside.

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