Peaceful Anti-CAA Protestors Can¡¯t Be Called Traitors Or Anti-Nationals, Says Bombay High Court

Ever since the nationwide protests against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC) began in December last year, a large section of those who were in support of the two has been branding the demonstrator everything from pro-Pakistan, anti-nationals, traitors and much more.

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This includes some minister MPs and legislators of the BJP. MoS Finance, Anurag Thakur had courted controversy during the Delhi Election campaign after crowds chanted 'shoot them' in response to his question on 'how to deal with traitors?'.

BJP leader and candidate Kapil Mishra had equated the Delhi Elections as India vs Pakistan.

But now the Bombay High Court has said that citizens protesting peacefully against a law cannot be called traitors or ¡°anti-nationals¡±.

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The Aurangabad bench of the Bombay HC made the comment while setting aside an order challenging the denial of police permission to an agitation against the CAA in Beed, the court said people wanting to agitate in a peaceful way "cannot be called traitors, anti-nationals only because they want to oppose one law".

The petition was filed by one Iftekhar Shaikh challenging two orders passed by the additional district magistrate of Beed district and the Majalgaon city police denying permission for an anti-CAA protest.

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The ADM had denied permission citing the Beed superintendent of police's report which expressed apprehension about a deterioration in the law-and-order situation. Thee Court, however, noted that the protesters had given an undertaking that no slogans would be raised against the country, any religion, or unity and integrity of the nation.

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"We must keep in mind we are a democratic republic country and our Constitution has given us rule of law and not rule of majority. When such act (CAA) is made, some people may be of a particular religion like Muslims may feel that it is against their interest and such act needs to be opposed," the bench said in its order.

The Court said that agitation cannot be suppressed only on the ground that people are agitating against the government. It also noted that, in such matters, the court needs to consider whether fundamental rights of citizens are breached by the order under challenge.

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"In the British period, our ancestors fought for freedom and also for human rights and due to the philosophy behind the agitations, we created our Constitution. It can be said that it is unfortunate but the people are required to agitate against their own government now but only on that ground the agitation cannot be suppressed," the bench said.

¡°India got freedom due to agitations which were non-violent and this path of non-violence is followed by the people of this country till this date. We are fortunate that most of the people of this country still believe in non-violence,¡± it added.