India: PIL against UP govt action on protesters dismissed

Allahabad (UP), Jan 7 (PTI) The Allahabad High Court has dismissed a petition on the action taken by the Uttar Pradesh government against those who were protesting over the contentious citizenship law.

A two-judge bench, comprising Justices Sudhir Agarwal and Rajeev Mishra, said the petitioner could not show that there was any infringement of legal or fundamental right of an individual or group by the government.

The petitioner, advocate Rajat Gangwar, alleged that the state government had wrongly detained many people who were not involved in any violent act during the protest, adding that every citizen had the right to peacefully protest.

Dismissing the public interest litigation (PIL), the court held that when a group of people gathered, it was their responsibility to identify a person who was not a member of their group.

"If those who became part of a protest march or a procession claim that they do not identify each individual, still it is their responsibility to ensure the maintenance of peace and tranquillity," the bench said.

"Otherwise, any action of one or more persons who are part of such procession, whether with the knowledge of others or not, will make no difference and all who are part of the said procession or protest march will be equally responsible," it said.

The court observed that no one can claim that he could take out a procession with a gathering of hundreds of thousands persons, but still he has no liability or responsibility to ensure that such group or gathering of people remain free from intrusion of miscreants.

The bench heard the case on December 27 during winter vacation and the order came in the public domain on Tuesday.

Officials had maintained that 19 people died in clashes during widespread protests across the state last month against the amended Citizenship Act, though the Opposition claim a higher toll.

Around 1,200 people were arrested and 5,558 kept in preventive detention following clashes during the protests, the officials had said.