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After Quami Insaf Morcha protest, Punjab assures HC of vigilance during future protests

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The State of Punjab has assured the Punjab and Haryana High Court that it would remain vigilant and initiate necessary steps to safeguard public property, life and liberty of citizens during future protests. The assurance came as Punjab and Chandigarh told a Division Bench of the high court that no untoward incident was reported during the protest by the Quami Insaf Morcha.“The counsel appearing for the State of Punjab assures the Court that, in the event any such protest is held in the future, the State shall remain vigilant in the discharge of its responsibilities and shall take all necessary steps to safeguard the life and liberty of citizens, as well as public property,” the Bench of Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor asserted before disposing of the petition.At the onset, reports by way of affidavits were placed before the Bench by Punjab and Chandigarh. “The reports/affidavits clearly indicate that necessary measures were taken to maintain law and order in Chandigarh and to prevent any untoward incident. No untoward incident has been reported. In cases where any offence was allegedly committed, action has been initiated in accordance with law,” the Bench observed.The PIL was filed by Vivek Singla, a practising advocate, against the backdrop of a protest to be held by the Quami Insaf Morcha in Chandigarh on August 15. The Bench took up the petition out of turn following special mentioning by the petitioner. The Morcha was seeking the release of Sikh prisoners, who have spent prolonged period in jail.The Bench, on a previous date of hearing, expressed its hope and trust that the two States and the Union Territory would handle the situation with sensitivity and responsibility to prevent untoward incident. The Bench noted that citizens had a fundamental right to assemble and express their views through peaceful protest. The authorities, at the same time, were duty-bound to take preventive and remedial measures if protest ceased to be peaceful, turned violent or posed a threat to public safety.Referring to the legal position governing the right to protest, the Bench had noted: “It is well settled that, in a democracy, citizens have a fundamental right to assemble and express their views through peaceful protest. Ordinarily, such a right ought not to be interfered with by the authorities. However, where a protest ceases to be peaceful, turns violent, or poses a threat to public safety, the competent authorities are duty-bound to take appropriate preventive and remedial measures in accordance with law to ensure the maintenance of public peace, order, and security.”  

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