Hyderabad: Making it clear that the Right of a citizen to express his protest in a democratic way cannot be curtailed, the Hyderabad High Court on Tuesday expressed its disinclination to stop the proposed “Satyagraha Padayatra” by Kapu leader Mudragada Padmanabham.
A division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice A. Shankar Narayana while admitting a petition by Meda Srinivas, an advocate from Rajahmundry, against the padayatra, reminded that maintenance of law and order is the duty of the state.
While hearing the case, the bench recorded the statement of AP advocate-general D. Srinivas that the state police will take steps in accordance with the Law to ensure that there will not be any violence during the padayatra.
L Ravichander, senior counsel appearing for the petitioner, referring to the Tuni incident during the protest meeting organised by Mr Padmanabham in January this year, told the court that the Kapu leader had a history of disturbing public peace and there was a clear threat that there would be no peace during his proposed padayatra from November 16 from Ravulapalem in East Godavari district. He said that Mr Padmanabham had made a public announcement that he would not seek permission for the meeting though it was mandatory.
Counsel said that the findings of the Supreme Court in the case of Destruction of Public and Private Properties versus State of AP are binding on state governments and also on citizens. When counsel insisted on a stay on the proposed padayatra, the bench expressed its disinclination and said citizens’ right to dissent cannot be muzzled through the court.
The bench said that the police has to take stock of the situation and see that violence does not take place. Counsel said that he is not for curbing the freedom of citizens and will not canvas for total ban on right to dissent.
While asking the A-G to explain the stand of the government and its preparedness to tackle the situation, the bench granted an hour to Mr Srinivas to get the instructions.
After an hour, the A-G appeared before the bench and submitted that prohibitory orders were imposed in the area and Mr Padmanabham did not apply for any permission till date. While enquiring about the action taken by the government regarding Tuni incident, the bench made it clear that the order of Supreme Court was binding on all citizens.
