Supreme Court of India · 2018-07-23
MAZDOOR KISAN SHAKTI SANGHATAN vs UNION OF INDIA
- Citation / case number
- SC 2017/37006
- Court
- Supreme Court of India
- Petitioner
- MAZDOOR KISAN SHAKTI SANGHATAN
- Respondent
- UNION OF INDIA
- Author
- HON'BLE MR. JUSTICE A.K. SIKRI
- Bench
- HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE A.K. SIKRI
Judgment text excerpt
The Supreme Court addressed the challenge to repeated imposition of prohibitory orders under Section 144 of the Code of Criminal Procedure, asserting that such orders infringe upon the fundamental right to peaceful assembly under Article 19(1)(b) of the Constitution of India. The Court held that the arbitrary exercise of power by the police to continuously impose blanket bans on public meetings and assemblies in Central Delhi is illegal. Consequently, the Court quashed the prohibitory orders and directed the formulation of guidelines for holding public assemblies.