(Writ Petition filed under Article 226 of the Constitution of India praying for the issue of writ of mandamus directing the respondent 3 to ban all agitations in Evening Bazaar Road near CLS permanently.)

Markandey Katju, C.J.

This writ petition has been filed for a mandamus directing the third respondent to ban all agitations in Evening Bazaar Road near CLS permanently.

2. We are afraid we cannot pass any such direction. In a democracy, it is a fundamental right of the people to hold peaceful demonstrations as long as they are not violent or disorderly vide Article 19(1)(b) of the Constitution. It is for the authorities to see to it that there is no breakdown of law and order or disorder in such demonstrations. The Court must maintain judicial restraint in this connection as held by a Division Bench of this Court in Rama Muthuramalingam vs. The Deputy Superintendent of Police, Mannargudi (2004 (5) CTC 554). The writ petition is dismissed.