The bench was hearing a plea seeking publication of the rules under Section 33 of the Gujarat Police Act, under which the police authorities usually deny or permit citizens to stage protests.
The petitioner – Swati Goswami had proposed to organise a ‘peaceful rally’ to protest against the Citizenship Amendment Act (CAA) on December 29, 2019.
However, a day prior, she was informed that the permission for such assembly and peaceful protest was denied on grounds of law and order as well as traffic congestion it could cause. The petitioner, however, violated the order and held an assembly and was, therefore, detained for a few hours.
Goswami then moved the High Court seeking publication and online access to all rules, regulations, instructions, manuals and records held by the State or under its control or used by its employees for discharging its functions.
She argued that the failure to publish such rules amounted to illegality of executive action, violation of democracy, rule of law and natural justice and infringement of her rights of free speech and expression and assembly enshrined in Article 19 of the Constitution and also her right to life under Article 21.
The State, however, contended that the petitioner is not entitled to such information as by no stretch would denying permission for a ‘political rally’ infringe her fundamental right.
Source: Barandbench
