Bombay High Court Upholds Citizens’ Right to Protest
The Bombay High Court has reinforced the fundamental right to protest, ruling that expressions of dissent such as chanting slogans against the government do not justify the expulsion of a citizen from a locality. This significant judgment came in the case of Saeed Ahmad Abdul Wahid Chaudhary, the Maharashtra State general secretary of the Socialist Democratic Party of India (SDPI), who faced an externment order issued by the Mumbai police.
Case Background: Challenging the Externment Order
Chaudhary was issued an externment order expelling him from Mumbai and neighboring areas for a year, following his involvement in protests against various governmental policies. The High Court, presided by Justice Madhav Jamdar, criticized the Mumbai police’s decision, particularly questioning the rationale behind considering slogans like ‘BJP government murdabad’ and ‘Amit Shah murdabad’ as grounds for such a severe measure.
The court highlighted the critical role of police officers as public servants accountable to the citizens, rather than extensions of political authorities. Justice Jamdar emphasized that citizens have the inherent right to protest and voice their dissent against government actions, and such activities should not warrant punitive actions like externment.
Legal Proceedings and Arguments
The externment order, initiated in October 2025 under the Maharashtra Police Act (MPA), was based on several FIRs filed against Chaudhary between 2019 and 2024. These FIRs accused him of organizing protests, allegedly violating Section 188 of the Indian Penal Code, which pertains to disobedience of public authority orders.
In defense, Advocate Payoshi Roy, representing Chaudhary, contested the legitimacy of using the MPA’s externment provisions in this context. She argued that the charges under Section 188 IPC, related to protest activities, do not meet the criteria for externment under Section 56 of the MPA, which addresses serious threats to life or property.
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Court Ruling: Quashing the Externment Order
Justice Jamdar ruled that the police’s action was a misuse of authority, labeling it a malafide application of power. He asserted that Chaudhary’s involvement in protests did not constitute a valid ground for externment under the MPA. Accordingly, the High Court quashed the externment order, allowing Chaudhary to return to his locality.
This ruling is a reaffirmation of the democratic right to dissent and protest, underscoring the judiciary’s role in protecting civil liberties against arbitrary state actions. It sets a precedent that dissent, expressed through peaceful protests and slogans, is an integral part of a functioning democracy and cannot be curtailed by misuse of legal provisions.
