Ranchi, Aug 18: The Jharkhand High Court has held that the fundamental right to protest does not permit anyone to disrupt judicial proceedings, assault judicial officers or damage court premises, stressing that such acts can undermine the independence of the judiciary.A division bench comprising Chief Justice M S Sonak and Justice Rajesh Shankar made the observations while disposing of a suo motu PIL concerning an alleged mob attack at the Latehar Civil Court in October 2022.
The court said peaceful protest is a fundamental democratic right, but it cannot be extended to activities that obstruct the functioning of courts or threaten those responsible for administering justice.The bench also directed that judicial officers across Jharkhand should receive security comparable to the protection currently provided in Latehar.
The PIL was initiated following an incident in which a large gathering allegedly entered the Latehar court complex, disrupted judicial work and damaged property. Police had reported that hundreds of people had gathered at the premises and that police personnel were assaulted during the incident.The court proceedings were reportedly brought to a standstill, while the then Principal District and Sessions Judge was kept inside a room for his safety amid the tense situation.
The High Court subsequently examined security arrangements at court complexes across the state and sought information from the authorities regarding intelligence inputs, security assessments and measures taken to prevent similar incidents.During the recent proceedings, the court noted that security arrangements at the Latehar court had been strengthened. These include armed personnel, physical security infrastructure, CCTV surveillance, a Quick Response Team and video-conferencing facilities for producing high-risk undertrial prisoners.
The court also considered affidavits concerning the personal security of judicial officers and noted that each officer in Latehar was being provided at least one bodyguard and one home guard.It said similar protection should be ensured for judicial officers posted in other districts, emphasising that judges must be able to discharge their constitutional responsibilities without fear, intimidation or threats.The bench further observed that attacks on courts have wider implications because they can affect the independence of the judiciary, an essential feature of India’s constitutional framework.
While disposing of the PIL, the High Court said the immediate concerns that had led to the proceedings had been substantially addressed. It, however, directed that existing security arrangements be maintained and expected the investigation and other proceedings related to the 2022 Latehar incident to be taken to their logical conclusion.The court’s observations underline that democratic dissent and peaceful protest are protected, but violence, intimidation and interference with the justice delivery system cannot be justified in the name of protest.
