AP HC: Right to Protest does not Eclipse merely because issue is pending before Constitutional Court

Andhra Pradesh High Court

LI Network

Published On: February 28, 2022 at 19:06 IST

The Bench of Justice Ahsanuddin Amanullah and B.S Bhanumathi Andhra Pradesh High Court stated this while hearing a Petition relating to Pay Scale.

The Petitioner filed a Writ Petition regarding a Pay Scale Grievance, while the Advocate General said that the Employee’s Union have already filed a Writ Petition in the respective High Court and it was Improper for Union to go on a Strike.

He said that while Article 19(1)(a) guarantees all its citizen, the “Right to Speech and Expression”, it is not ‘Absolute.’

While the Bench quashed the decision by saying that in the Case of Mazdoor Kisan Shakti Sangathan vs. Union Of India, it was held that the Right to Peaceful Protest is recognized as a Fundamental Right.

Thus, pulling up the final call mentioning that although the petitioner has submitted a Writ Petition in Court, the Petitioner will not be denied the Right to Protest simply because he has approached the Constitutional Court for the same.

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