Peaceful Protests, Slogans, or Demonstrations Does Not Violate Article 19 : Kerala High Court

Peaceful Protests, Slogans, or Demonstrations Does Not Violate Article 19 : Kerala High Court

  • Case Name: Sharmina S v Sub Divisional Magistrate

The Kerala High Court quashed the Sub-Divisional Magistrate's order of directing a woman to execute a ₹50,000 bond to maintain peace under Section 130 of the BNSS.

Justice V.G. Arun ruled that peaceful protests, slogans, or demonstrations cannot be considered illegal unless they pose an imminent threat to public order.

The court found that the Magistrate issued the notice without independent assessment, relying solely on a police report, citing three protest-related cases.

The court emphasized Article 19 rights, ruling that preventive action must have clear justification, setting aside the order.

Court Judgment / 4 months ago

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