Breach of peace a ‘ploy’ to make detentions, says plea in SC
Academician Apoorvanand Jha argued that if every call for a peaceful protest is considered a breach of peace by the authorities, no citizen can ever exercise the right of public demonstration
Academician Apoorvanand Jha has argued that the Supreme Court's agreement to hear his plea against the Central government and Delhi Police's actions is a "ploy" to justify preventive detentions. Jha contends that equating the right of peaceful protest with a breach of peace is unwarranted and serves as a tactic for making arrests.
He contends that if every peaceful protest call is considered a breach of peace, citizens cannot exercise their right to demonstrate. A bench with Chief Justice Surya Kant agreed to hear Jha's case on November 19. Jha points out that recent detentions, including minors', during protests demanding the resignation of Chief Election Commissioner Gyanesh Kumar were not instances of breach of peace.
He argues that the authorities' refusal to grant permission for demonstrations and subsequent issuance of prohibitory orders resulted in unlawful and inhumane detentions, violating constitutional rights.
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