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2026 Supreme(Online)(Mad) 74180
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
L. Victoria Gowri, J
S. Palanisamy – Appellant
Versus
The Superintendent of Police – Respondent
WP CRL.(MD). No.4437 of 2026
For the Appellants/Petitioners: R.J.Karthick
For the Respondents: D.Rajaboopathy
The right to peaceful protest and hunger strike is a fundamental democratic right under Articles 19(1)(a) and 19(1)(b) of the Constitution of India, subject only to reasonable restrictions and cannot be denied based on vague law and order concerns.
Headnote:(A) Fundamental Rights - Freedom of Speech and Assembly - Right to peaceful protest and hunger strike is a recognized democratic right under Article 19(1)(a) and 19(1)(b) of the Constitution of India, which cannot be curtailed unless it poses a genuine threat to public order or falls within reasonable restrictions. (Para 4, 5)
(B) Administrative Action - Rejection of Permission - Rejection of a request to conduct a peaceful protest on general grounds of law and order is impermissible when the right to express grievances is protected by the Constitution. (Para 3, 6)
Issues: Whether the rejection of permission to conduct a peaceful hunger strike violates the fundamental rights of the petitioner under the Constitution of India.
| Table of Content |
|---|
| 1. petitioner challenges the rejection of permission for a peaceful hunger strike. (Para 1 , 2) |
| 2. conflict between administrative law and order concerns and constitutional rights to protest. (Para 3 , 4) |
| 3. upholding the fundamental right to peaceful assembly and quashing the restrictive order. (Para 5 , 6 , 7) |
PRAYER :-
To issue a Writ of Certiorarified Mandamus calling for the records of the impugned order passed by the 2nd respondent in Na.Ka.No. 65/Common /Se.Mu.Aa/dhe.U/2026 dated 30.07.2026 and quash the same as illegal and consequently direct the respondents to grant permission to conduct Hunger Strike in connection with the protest demanding permanent ban on mining transportation to Kerala and scheduled near Puliyarai Check Post, Tenkasi District.
ORDER
This Writ Petition is filed seeking to issue a Writ of Certiorarified Mandamus calling for the records of the impugned order passed by the 2nd respondent in Na.Ka.No. 65/Common /Se.Mu.Aa/dhe.U/2026 dated 30.07.2026 and quash the same as illegal and consequently direct the respondents to grant permission to conduct Hunger Strike in connection with the protest demanding permanent ban on mining transportation to Kerala and scheduled near Puliyarai Check Post, Tenkasi District.
2. The learned counsel appearing for the petitioner submitted that the petitioner, along with the residents of his village, proposed to conduct a peaceful hunger strike to protest demanding permanent ban on mining transportation to Kerala and scheduled near Puliyarai Check Post, Tenkasi District. However, permission for the proposed protest was rejected by the respondent through the impugned order. Aggrieved by the same, the petitioner has approached this Court seeking appropriate relief.
3. The learned Government Advocate appearing for the respondents submitted that the impugned order was passed on the ground that the proposed strike was likely to give rise to law and order issues.
4. The learned counsel for the petitioners contended that the proposed hunger strike would be conducted peacefully and constitutes a legitimate form of peaceful strike protected under Article 19(1)(a) read with Article 19(1)(b) of the Constitution of India. It was further submitted that, in a democratic polity, citizens have the right to peacefully express their grievances through a hunger strike, and such an expression cannot be curtailed or criminalised, unless it poses a genuine threat to public order or falls within the reasonable restrictions contemplated under Article 19(2) and Article 19(3) of the Constitution of India.
5. Articles 19(1)(a) and 19(1)(b) of the Constitution guarantee freedom of speech and expression, and the right to peaceful assembly without arms. These rights can be restricted only by reasonable restrictions provided by law. The Hon'ble Supreme Court has consistently held that peaceful protest is a recognized democratic right.
6. In view of the foregoing observations, the impugned order dated 30.07.2026 passed by the third respondent is hereby quashed. Consequently, the respondent police are directed to permit the petitioner to conduct the proposed peaceful hunger strike on 08.08.2026 from 09.00 a.m. to 05.00 p.m., near Puliyarai Check Post, Tenkasi District, subject to the petitioner strictly adhering to the conditions imposed by the respondent police and ensuring that the protest is conducted peacefully without causing any disturbance to public order.
7. Accordingly, this writ petition stands allowed.
06.08.2026 NCC : yes / no Index : yes / no
Note : Issue order copy on 06.08.2026 pnn
