Peaceful agitation a fundamental right for citizens in a democracy: Mumbai court

A magistrate’s court in it's order acquitted five women booked for blocking the Eastern Freeway due to lack of water supply in their area.

2 min readMumbaiApr 22, 2022 09:52 PM IST

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Public prosecutor Nayan Sukhadwala said the court relied on video footage of the incident, witness accounts and other circumstantial evidence to arrive at its decision.(Representational)

A magistrate’s court in a recent order said that in a democratic country peaceful agitation is the fundamental right of a citizen while acquitting five women booked for blocking the Eastern Freeway due to lack of water supply in their area.

The women, including two senior citizens, were arrested by the RCF police station in 2015 on charges of unlawful assembly, wrongful restraint of the Indian Penal Code.

“In a democratic country, making peaceful agitation is a fundamental right of citizens. The women were making agitation as there was no water supply in their area for some days. They were sent by the police to their home by giving an understanding. Therefore, there was no reason for the police to register F.I.R. against them and subsequently arrest them,” the court said.

On September 18, 2015, over 30-40 women had assembled at the Eastern Freeway at Chembur and blocked traffic as a means of protesting the lack of water supply in their area.

Police told them that a prohibition order restricted assembly of more than five persons at a time and they should disperse. The women refused, following which they were moved by force. Later, an FIR was filed against them.

Among the witnesses examined were seven police officials and two panch witnesses who turned hostile. The court said that police officials who deposed were interested witnesses and not a single independent witness had deposed supporting the prosecution’s case.

The court also said that while 30-40 women had participated in the agitation, only one was arrested on that day and four others were arrested later.

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The court also noted that the FIR was filed five hours after the incident which was not explained by the police creating doubt over the genuineness of the action taken.

It also said that proceedings against others named as absconding accused be stopped as no steps were taken to secure their presence.

Sadaf Modak

Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues. Expertise Specialized Role: As a dedicated Legal Correspondent, Sadaf Modak possesses deep, specialized knowledge of legal procedures, statutes, and judicial operations, lending immense Authority to her reports. Core Authority & Focus: Her work primarily centers on: Trial Court Proceedings: She mainly covers the trial courts of Mumbai, providing crucial, on-the-ground reporting on the day-to-day legal processes that affect citizens. She maintains a keen eye on both major criminal cases and the "ordinary and not so ordinary events" that reveal the human element within the justice system. Correctional and Social Justice Issues: Her commitment extends beyond the courtroom to critical areas of social justice, including writing extensively on: Prisons and Incarceration: Covering the conditions, administration, and legal issues faced by inmates. Juvenile Justice: Reporting on the complexities of the juvenile justice system and the legal rights of children. Human Rights: Focusing on fundamental human rights within the context of law enforcement and state institutions. Experience Institutional Affiliation: Reporting for The Indian Express—a leading national newspaper—ensures her coverage is subject to high editorial standards of accuracy, impartiality, and legal rigor. Impactful Detail: Her focus on trial courts provides readers with direct, detailed insights into the workings of the justice system, making complex legal narratives accessible and establishing her as a reliable and trusted chronicler of the legal landscape. Sadaf Modak's blend of judicial focus and commitment to human rights issues establishes her as a vital and authoritative voice in Indian legal journalism. She tweets @sadafmodak ... Read More

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