Right to protest: Supreme Court lets authorities regulate, not halt, Delhi transit

Prelims pointers

• Article 19(1): (a) speech and expression, (b) assembling peaceably and without arms, (d) moving freely throughout India. These freedoms belong to citizens, not foreign nationals.
• Article 19(2): eight grounds to restrict speech, among them security of the State, friendly relations with foreign States, public order, contempt of court, defamation and incitement to an offence.
• Article 19(3): assembly may be restricted only for the sovereignty and integrity of India or public order. Article 19(5), on movement: the general public's interest or Scheduled Tribes.
• Article 22(1)-(2): an arrested person must be told the grounds, may consult a lawyer of choice, and must reach the nearest magistrate within 24 hours, excluding travel time.
• Article 22(3)-(7): preventive detention. Clauses (1) and (2) do not apply; detention beyond three months needs an Advisory Board's report. Preventive detention for public order is in the Concurrent List.
• BNSS Section 170: police may arrest without warrant to prevent a cognisable offence (24-hour limit). Section 126: an executive magistrate may require a peace bond of up to one year.
• Telecommunications Act, 2023, Section 20: the Centre or a State may suspend telecom services, on grounds including public order. Anuradha Bhasin (2020): suspension orders must be temporary, proportionate and published.
• Ramlila Maidan (2012): peaceful protest is a fundamental right. Mazdoor Kisan Shakti Sangathan (2018): no blanket ban at Jantar Mantar. Amit Sahni (2020): public ways cannot be occupied indefinitely.