- (1.) The first petitioner which is a registered political party while the second petitioner who is a practicing Advocate and member of a political party have questioned the legality of an order dated 27 April 2011 of the Principal Secretary (Home), Government of Uttar Pradesh, Lucknow.
(2.) A brief factual background would be necessary to appreciate the context in which the impugned order has been issued.
(3.) A Bench of three learned Judges of the Supreme Court In Re: Destruction of Public & Private Properties vs. State of A.P. and Ors, 2009 5 SCC 212, took serious note of various instances where a large scale destruction of public and private properties took place in the name of agitations, bandhs, hartals and the like, and initiated suo motu proceedings. The Supreme Court appointed two Committees, the first headed by Hon'ble Mr. Justice K.T. Thomas, a former Judge of the Supreme Court, while the second was headed by Mr. F.S. Nariman, Senior Advocate. The Committees, inter alia, considered the destruction of public and private properties under the provisions of the Prevention of Damages to Public Property Act, 1984 and suggested various guidelines, to ensure that while the fundamental rights of assembly and freedom of speech and expression were protected, this would have to be balanced with the need to maintain law and order and to protect the interest of the general community in the orderly movement of civic and social life. The report of Justice Thomas Committee suggested the following modalities and guidelines in regard to the regulation of demonstrations. "(I) The organizer shall meet the police to review and revise the route to be taken and to lay down conditions for a peaceful march or protest; (II) All weapons, including knives, lathis and the like shall be prohibited; (III) An undertaking is to be provided by the organizers to ensure a peaceful march with marshals at each relevant junction; (IV) The police and State Government shall ensure videograph of such protests to the maximum extent possible; (V) The person in charge to supervise the demonstration shall be the SP (if the situation is confined to the district) and the highest police officer in the State, where the situation stretches beyond one district; (VI) In the event that demonstrations turn violent, the officer-in-charge shall ensure that the events are videographed through private operators and also request such further information from the media and others on the incidents in question. (VII) The police shall immediately inform the State Government with reports on the events, including damage, if any, caused. (VIII) The State Government shall prepare a report on the police reports and other information that may be available to it and shall file a petition including its report in the High Court or Supreme Court as the case may be for the Court in question to take suo motu action.";