In a press release on behalf of Delhi GJM, it has been stated that the case filed against GJM at Kolkata High Court is without any merits and completely false. Ranjan Sharma, Advocate - General Secretary, has stated that in the PIL(Public Interest Litigation) filed challenging the ongoing protest in Darjeeling for the cause of Gorkhaland it has been wrongly alleged that the bandh his illegal ,disruptive and public property has been destroyed. The destruction is state sponsored and GJM has no involvement. It has also been wrongly alleged that GJM representative have been obstructing roads by resorting to coercion and intimation to the local people in order to enforce the bandh. On the contrary the movement in Darjeeling is peaceful and the local people have been voluntarily involved. The issue of Gorkhaland is the aspiration of the people and very close to the sentiment of Gorkhas . The allegations raised in the PIL are completely false and baseless because if the people had been intimated by GJM to get involved in the movement, the people could have easily gone to the police to file an FIR against GJM alleging force, coercion, intimation etc. which is a punishable offence as per law. Why then has no single FIR been registered against GJM alleging force and coercion by the local people?
Why has the issue gained momentum at the national level and people world wide have been supporting the issue on facebook and the internet? Why have the people come to streets in different parts of the country like Delhi, Kolkata, Mumbai, Hyderabad etc. voicing the cause of Gorkhaland? Is the state administration trying to say that we dont have any right to peacefully protest in a parliamentary democracy? Why is the state administration hell bent to supress our movement and arresting people blind foldedly, without any evidence, merely on the basis of suspicion ? What about our right to equality before law under Article 14 of the Constitution? What about our right to freedom under Article 19 of the Constitution ?
The Supreme Court in its judgement has upheld the right to peaceful protest as a Constitutional right. The Court has r observed: In Ramlila Maidan Incident Vs. Home Secretary, Union of India, which is landmark judgment regarding the issue of protest within the framework of democracy.
"Freedom of speech, right to assemble and demonstrate by holding dharnas and peaceful agitation are the basic features of a democratic system. The people of a democratic country like ours have a right to raise their voice against the decisions and actions of the Government or even to express their resentment over the actions of the government on any subject of social or national importance. The Government has to respect, and in fact, encourage exercise of such rights. It is the abundant duty of the State to aid the exercise of right to freedom of speech as understood in its comprehensive sense and not to throttle or frustrate exercise of such rights by exercising its executive or legislative powers and passing orders or taking action in that direction in the name of reasonable restrictions”.
Ranjan says that the judgement of the Supreme Court lays down a landmark law in as much as it upholds the right to protest as a fundamental right of speech . Once the right to protest is denied the protester must meekly accept the denial or run the risk of a contributory negligence to the police oppression. The state administration is not above the law and the Constitution. each and every person has the right to raise voice against opression and the atrocities of the police.
Why has the issue gained momentum at the national level and people world wide have been supporting the issue on facebook and the internet? Why have the people come to streets in different parts of the country like Delhi, Kolkata, Mumbai, Hyderabad etc. voicing the cause of Gorkhaland? Is the state administration trying to say that we dont have any right to peacefully protest in a parliamentary democracy? Why is the state administration hell bent to supress our movement and arresting people blind foldedly, without any evidence, merely on the basis of suspicion ? What about our right to equality before law under Article 14 of the Constitution? What about our right to freedom under Article 19 of the Constitution ?
The Supreme Court in its judgement has upheld the right to peaceful protest as a Constitutional right. The Court has r observed: In Ramlila Maidan Incident Vs. Home Secretary, Union of India, which is landmark judgment regarding the issue of protest within the framework of democracy.
"Freedom of speech, right to assemble and demonstrate by holding dharnas and peaceful agitation are the basic features of a democratic system. The people of a democratic country like ours have a right to raise their voice against the decisions and actions of the Government or even to express their resentment over the actions of the government on any subject of social or national importance. The Government has to respect, and in fact, encourage exercise of such rights. It is the abundant duty of the State to aid the exercise of right to freedom of speech as understood in its comprehensive sense and not to throttle or frustrate exercise of such rights by exercising its executive or legislative powers and passing orders or taking action in that direction in the name of reasonable restrictions”.
Ranjan says that the judgement of the Supreme Court lays down a landmark law in as much as it upholds the right to protest as a fundamental right of speech . Once the right to protest is denied the protester must meekly accept the denial or run the risk of a contributory negligence to the police oppression. The state administration is not above the law and the Constitution. each and every person has the right to raise voice against opression and the atrocities of the police.
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