In a significant ruling, the Orissa High Court has ordered that holding peaceful rallies and dharna are fundamental rights of the citizens guaranteed under the Constitution and any application seeking permission for such rallies and dharna in the State should be promptly dealt with by the concerned authorities.
The HC ruling came earlier this week when Justice CR Dash while disposing of a writ petition filed by the president of Rajya Gruharakshi Mahasangha (State Home Guards’ Association) directed the police to make arrangements for the Mahasangha’s rally in Bhubaneswar and allot a suitable place for their dharna.
For over five days, the Bhubaneswar police had taken no action on an application seeking permission to hold rally and dharna by the Mahasangha. Castigating the police, the court said, “Such authorities are not supposed to act ad-libitum (without limit) so as to negate the fundamental rights guaranteed under the Constitution.”
Reiterating that to assemble peacefully without arms is a fundamental right, the court observed that if any application is filed by any person to exercise his fundamental right anywhere in the State under any relevant Rules, Regulations, Guidelines or Act, such application should be dealt with promptly. If permission is refused, reasonable grounds should be given in the rejection order, the HC said.
“If no action is taken by the authority concerned within three days or 72 hours, whichever is later from the date/time of the receipt of the application, it will be deemed that the permission has been granted,” the HC said, asking the Government counsel to urgently communicate the same to State DGP and CP to do the needful in order to awake the “sleeping police organisation”.
After the HC ruling, Home Guards held a peaceful rally and dharna in Bhubaneswar on Tuesday and submitted their seven-point charter of demands to the Government highlighting their sufferings and injustice meted out to them for long.