Back
2026 Supreme(Online)(Mad) 74182
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
L. Victoria Gowri, J
P. Arulsiva – Appellant
Versus
The Superintendent of Police – Respondent
WP CRL.(MD). No.4452 of 2026
For the Appellants/Petitioners: K.Sathish Kumar
For the Respondents: D.Rajaboopathy
The right to peaceful protest is a fundamental democratic right guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution of India, subject only to reasonable restrictions provided by law to maintain public order.
Headnote:(A) Fundamental Rights - Freedom of Speech and Assembly - Right to peaceful protest is a recognized democratic right guaranteed under Article 19(1)(a) and 19(1)(b) of the Constitution of India, which can only be curtailed by reasonable restrictions provided by law. (Para 4, 5)
(B) Writ of Mandamus - Police Protection - Where a citizen seeks to express grievances through a peaceful protest, the authorities are directed to consider the representation and facilitate the assembly, provided it does not pose a threat to public order. (Para 6)
Issues: Whether the petitioner is entitled to police protection and permission to conduct a peaceful protest against district administrative officials.
| Table of Content |
|---|
| 1. request for police protection to conduct a peaceful protest. (Para 1 , 2 , 3) |
| 2. constitutional guarantee of freedom of speech and peaceful assembly. (Para 4 , 5) |
| 3. direction to facilitate peaceful protest subject to public order conditions. (Para 6 , 7) |
PRAYER :-
To issue a Writ of Mandamus or any other Writ, order or direction in the nature of writ, to direct the respondents to give permission and police protection to conduct protest as against the erring district administrative officials on 10.08.2026 at about 5.00 pm at Alagiya Vinayagar Temple ground based on the petitioner's representation dated 23.07.2026.
ORDER
This Writ Petition is filed seeking to issue a Writ of Mandamus to direct the respondents to give permission and police protection to conduct protest as against the erring district administrative officials on 10.08.2026 at about 5.00 pm at Alagiya Vinayagar Temple ground based on the petitioner's representation dated 23.07.2026.
2. The learned counsel appearing for the petitioner submitted that the petitioner, along with the residents of his village, proposed to conduct a protest as against the erring district administrative officials on 10.08.2026 at about 5.00 pm at Alagiya Vinayagar Temple ground. In this regard, he has given representation dated 23.07.2026, to the respondent police. Since the same was not considered, this Writ Petition came to be filed.
3. The learned Government Advocate appearing for the respondents submitted that the petitioner's representation has been received and the same will be considered.
4. The learned counsel for the petitioners contended that the protest would be conducted peacefully and constitutes a legitimate form of protest 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 protest, 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 second respondent is directed to consider the petitioner's representation dated 23.07.2026 and facilitate the petitioner to conduct protest on 10.08.2026 at about 5.00 pm at Alagiya Vinayagar Temple ground, 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 07.08.2026
pnn To
1. The Superintendent of Police, Kanniyakumari District, Nagercoil.
2. The Inspector of Police, Anjuramam Police Station, Kanniyakumari District
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
