Bombay Bar Association Condemns Police Action Against Student Protesters

Mumbai's Bombay Bar Association has expressed concern over reports of police using force against students protesting alleged examination paper leaks.

The association passed a resolution stating that the right to assemble peacefully and express dissent is an integral facet of the freedoms guaranteed under Article 19 of the Constitution.

The BBA described reports of lathi charges and tear gas against students as 'deeply disturbing' if true and urged police to act with restraint.

At the same time, it condemned any violence or damage to public or private property by protesters, stating that such acts 'cannot be justified under any circumstances.'

The association's President, Senior Advocate Nitin Thakker, said peaceful protest is a fundamental right protected under Article 19 of the Constitution and urged law enforcement authorities to act with restraint, proportionality and respect for citizens' dignity.

The BBA also criticised the use of force and intimidation through the filing of FIRs against protesters.

It urged both the students and the government to resolve the issue through 'constructive dialogue, mutual respect and reasoned discussion.'

Separately, more than 140 lawyers practising before the Bombay High Court, including several senior advocates, have criticised the Mumbai Police's prohibitory orders restricting public gatherings.

They urged the authorities to withdraw the restrictions, saying they unnecessarily curb the constitutional right to peaceful protest.

The lawyers called on the Mumbai Police Commissioner to revoke the prohibitory orders and stop taking action against citizens participating in peaceful demonstrations.

They questioned the legality of back-to-back orders issued under Section 37(3) of the Maharashtra Police Act, which prohibited assemblies of five or more persons across the city.

The statement, signed by 141 advocates, also raised concerns over the detention of protesters.

It said constitutional courts have consistently held that restrictions on peaceful assembly must be based on specific facts and reasons and should be the least restrictive measures available.

The Bombay Bar Association's condemnation of police action and the lawyers' opposition to prohibitory orders highlight the importance of protecting citizens' rights to peaceful protest and assembly.

The issue has sparked a debate about the balance between maintaining law and order and protecting fundamental rights.

The Mumbai Police's actions have been criticised for being excessive and disproportionate to the situation.

The Bombay Bar Association's resolution and the lawyers' statement are a reminder that the rights to peaceful protest and assembly are essential components of a democratic society.

The authorities must ensure that these rights are protected and that any restrictions are reasonable and justified.

In conclusion, the Bombay Bar Association's condemnation of police action and the lawyers' opposition to prohibitory orders are important steps in protecting citizens' rights to peaceful protest and assembly.

The authorities must take heed of these concerns and ensure that the rights of citizens are protected and respected.