All India Institute Of Medical ... vs Ms. Promila Bounthiyal And Ors.
2001 Latest Caselaw 1300 Del

ORDER

J.D. Kapoor, J.

1. In view of the nature of the suit there is no need for framing of issues as the relief claimed by the plaintiff stems fro the fundamental right of the defendants granted under Article 19 of the Constitution of India - the right of freedom of speech and expression.

2. Plaintiff has prayed for permanently injuncting the defendants, their members, agents, associates, servants, representatives from interfering in any manner whatsoever to the function of the Institution and ingress and egress of the staff, faculty members, visitors, attendants, doctors and employees, patients in the Institute causing blockade, dharna, gherao, demonstration, slogan shouting, pasting posters, paintings walls and other properties in any manner whatsoever within the premise or outside the premises within the radius of 500 meters of the plaintiff Institution.

3. Under Article 19 of the Constitution of India every Union of Association has a right to hold demonstrations in order to ventilate and redress their grievances as these are legitimate democratic means to air one's grievance. At the same time this right is to unfettered or unshackled right. Freedom of speech or expression without any responsible behavior is itself an affront to such a right.

4. There is unanimity in the judicial opinion as to the availability of such a right to the Union but such activities can not be allowed within the legally occupied premises. The Union can be allowed to hold demonstrations or dharnas and raise slogans but in no manner they can be permitted under the garb of this Constitutional right to bring the functioning of the Medical Institution or hospital to a halt by way of preventing the ingress and egress of the staff, faculty member, visitors, patients and their attendants, doctors and employees or by way of causing blockade, dharna, gherao. Similarly, pasting posters, painting walls also verges on the act of defacement of the premises.

5. Greater freedom and less responsibility is not the object of Article 19 of the Constitution. Such a right can be legitimized by way of allowing the defendants to hold demonstrations, dharna etc at the distance of 50 or 100 meters away from the Institute. It is stated by counsel for the defendant that the main road itself is at the distance of 50 metres from the boundary wall of the Institute. In view of this, defendants are allowed to hold demonstration outside the boundary wall of the Institute as an embargo of 50 meter or 100 meter would defeat the very object and frustrate the legal right. However, the defendants,at the same time, are restrained from creating any such circumstance or situation which may prevent the ingress and egress of the staff faculty members, patients, visitors, doctors and employees by way of causing blockade, dharna, gherao etc. as the only object of the defendants is to get their grievances herd and show their protest in effective manner to the alleged irregularities and hardship being meted out to them.

6. The suit is decreed on the above terms. SHO shall also see that the aforesaid order is complied with in letter and spirit.

7. Suit as well as the application stand disposed of.