It is a well settled position in law that the freedom of speech and expression, guaranteed under Article 19(1)(a) of the Constitution of India, cannot be subverted in an arbitrary manner. In a true democracy dissenting opinions should not be discouraged. Democracy can be alive and thriving, only if the State provides the necessary impetus, by encouraging healthy debates and exchange of ideas.
The constitution of India in Article 19(1) (b) guarantees “the right to assemble peaceably without arms”.
Permission for conducting a “signature campaign” with reference to an appeal to the Government of India to remove the ban on “Liberation Tigers of Tamil Eelam” (LTTE) in a public place.
The rights conferred on the citizens by Article 19 of the Constitution are precious rights and are not to be lightly breached or restricted by the State or any functionary of the State. Any regulation of exercise of those rights must be for the purposes specified in Article 19 of the Constitution itself, and that power must be so exercised as to sub serve the larger public good.
The power to impose restrictions is not the power which is available for exercise in an arbitrary manner or for the purpose of promoting the interest of those in power, or for suppressing dissent Democracy can be made dynamic an truly alive only when there is free market for ideas and discussion and debate is not only permitted but is encouraged. All expression of opposing view point cannot be regarded as dangerous to the safety or security of the country and all expressions which
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