New Delhi: The Supreme Court on Friday declined to entertain a writ petition filed by Bimal Gurung, leader of Gorkha Janmukti Morcha seeking anticipatory bail and transfer of all cases registered against during the recent Gorkhland agitation in West Bengal.
Dismissing the writ petition filed by Mr Gurung, a Bench of justices A.K. Sikri and Ashok Bhushan said “the present case is a case where the petitioner as leader of GJM is spearheading an agitation against the State demanding a separate State-hood. The State is obliged to maintain law and order and to protect life and property of the citizens. It has to take necessary steps to contain such agitation and restore the peace.”
Writing the judgment justice Bhushan said, “the cases lodged in the FIR submitted at the instance of the Police or other complainants cannot be discarded on the specious pleas that they have been lodged due to bias of the State and with the intent to persecute the petitioner. The “State,” is a political unit vested with constitutional duties and obligations.” On the petitioner’s contention that agitation is a fundamental right, the Bench said “it is clear that Article 19(1) (a) and (b) of the Constitution gives constitutional right to all citizens freedom of speech and expression which includes carrying out public demonstration also but public demonstration when becomes violent and damages the public and private properties and harm lives of people it goes beyond fundamental rights guaranteed under Article 19(1) and becomes an offence punishable under law.”
It pointed out that situations in districts of Darjeeling and Kalimpong were deteriorating and insurgency and violent agitations were continuing unabated. The protest no longer remained peaceful and democratic. The allegations made of the offences with regard to which various FIRs have been lodged cannot be rejected as false and concocted as contended by the petitioner.
