The ‘right to protest’ is a fundamental guarantee under the Constitution, says the draft of the writ petition that will be moved before the apex court in case of a govt crackdown.
A law suit is ready to be filed in the Supreme Court raising the fundamental issues of “freedom” and the right to peaceful struggle that are in jeopardy due to the UPA government’s curb on Anna Hazare’s movement.
The ‘right to protest’ is a fundamental guarantee under the Constitution, says the draft of the writ petition that will be moved before the apex court after the police resorts to action against the anti-corruption activists.
A lawyer well versed with the constitutional law and possibly privy to the petition’s contents said: “We will seek the apex court’s intervention soon after Anna and his supporters are restrained by the police from observing fast for a strong Lokpal law.”
Refraining from disclosing the other issues highlighted in the petition, the lawyer said an executive order that violates the right to equality, liberty or speech and expression (fast) is unconstitutional.
“If the government muzzles the basic rights, another organ of the state — the judiciary — is strong enough to undo an illegal state action,” he said.
Connection with history of struggles
There seen to be interesting connections between Anna Hazare’s agitation for a strong Lokpal Bill and the Jaiprakash Narayan movement in the 1970s that led to the Indira Gandhi government declaring Emergency.
The proposed venue for Hazare’s fast is Jaiprakash Narayan Memorial Park in central Delhi and is opposite to the historical Khooni Darwaza. JP, also known as Lok Nayak , had called for Gandhi’s resignation after the Allahabad high court pronounced her guilty of violating electoral laws. He had then gathered nearly one lakh people in the national capital to support his agitation.
Opposite the JP Park is ‘Khooni Darwza’ which also holds an important place in India’s history of independence struggle. In September 1857, during India’s first war of independence, the sons of Bahadur Shah Zafar — Mirza Mughal and Mirza Khizr Sultan— and his grandson Mirza Abu Bekar were executed at the place by a British officer after the emperor had surrendered to the British.
In the days to come New Delhi will once again witness an interesting struggle between members of the civil society and the government as Team Anna and the UPA joust with each other for the differing versions of the Lokpal bill.
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