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Dr. Balwant Singh v. Commissioner of Police

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 10024 of 2014)Decided 7 Nov 2014
Civil Appeal No. 10024 of 2014
Justice F.M. Ibrahim Kalifulla · Justice Abhay Manohar Sapre

Background

A retired police officer living near Jaipur's Legislative Assembly complained of repeated demonstrations, amplified speeches, blocked access and urination against residential walls by demonstrators and police. The State Human Rights Commission issued protective directions, but he said the disturbances continued. The High Court disposed of his challenge largely on the State's assurances, leading him to appeal for effective protection.

Decision Breakdown

The Supreme Court partly allowed the appeal and strengthened the compliance directions. It required strict implementation of its earlier noise-pollution directions and the State's proposed measures, including responsible police supervision, suitably distant barricades, mobile toilets and controls when granting demonstration permissions. Such disturbances could adversely affect the resident's Article 21 rights to peaceful and dignified living. The authorities were to monitor implementation and make improvements needed to protect residents, with the same objective informing measures elsewhere in the State. The order enforced practical safeguards rather than treating assurances alone as sufficient.

Lesson Learnt

Residents affected by protest-related noise, obstructed access and unhygienic conduct can seek enforcement of protective measures. Police management of demonstrations must also preserve nearby residents' lawful access, dignity and peaceful enjoyment of their homes.

Official source (sci.gov.in)View Judgment (PDF)

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