Freedom Of Peaceful Assembly Was Not Violated By State

Article 19(1) (b) of constitution of Indiana gives all its citizens the right of freedom of
assembly peacefully and without arms.The right to assembly includes the right to hold
meeting and to take out procession. But the right however subject to following
restrictions :

a)the assembly must be peaceful.

b)they must be unarmed.

c)the reasonable restrictions can be imposed under clause 3 of article 19.

People are misusing the right presuming that it to be absolute but this right like other
individual right is not absolute but restrictive. The assembly must be non-violent and
must not cause any breach of public peace. If it does so, the assembly must be
consider to be unlawful. The basis of offence of unlawful assembly is the intend with
which the individual assemblies. The member of the assembled group must have in
mind a fixed purpose to perform all illegal acts. The right to peaceful assembly includes
protest but it does not includes strikes and para 7 line 1 of our facts clearly states that :

"On june 8 2016 a country wide strike was called by the parent body of GNUSU and
during the strike a national highway was allegedly blocked by the supporters of AISU in
utkal."

And this makes the assembly unlawful.it does not matter whether the purpose of group
is lawful or unlawful,if they intend to carry out that purpose in a way that is likely to
precepite a breach of peace. Then they automatically breach the right of peaceful
assembly. If the assembly becomes unlawful it can be dispersed. chapter 8 of the penal
code of Indiana lays down the conditions when the assembly becomes unlawful.under
section 141 of PCI an assembly of 5 or more persons composing assembly if the
common object of the persons composing assembly is "to resist the execution of any
law or legal process ." In our present moot preposition as we know the IPP government
embarked on an economic reform mission and this did not go well with GNUSU and as
a result a country wide strike was called by AISU and during a strike a national highway
allegedly blocked so the ultimate aim (goal) was to resist the execution of economic
reform policies.

Another ground for any assembly deemed as unlawful is to commit any mischief or a
criminal trespass. As per stated in para 7 line 2 of our facts during the strike a national
highway was allegedly blocked by the supporters of AISU in utkal and so blocking a
national highway during a strike constitutes a part of criminal trespass and so , they
showed off criminal force to overowe the government in the exercise of his lawful power.
Under section 129 or CrPC 1973 any unlawful assembly may be ordered to be
dispersed if the disturbance to public peace is reasonably apprehended, allegedly
blocking a national highway was undoubtedly causing inconvenience to passers by.

Public meeting becomes a nuisance if it appreciably (sufficient) obstructs the street.

Meeting on a highway interfered with the use of highway with others who want to use it
for the purpose of which the highway is dedicated.

Section 144 of CrPC 1973 empowers the magistrate to restrain an ssembly if there is a
risk of obstruction or a disturbance to the public tranquillaity. The constitution gives the
power to the appropriate authority to impose reasonable restrictions in order to assured
the safety and convenience of the people in the use of public highways and so it cannot
be regarded as inconsistence or abridgement of fundamental rights.

If the assembly is disorderly or riotous then it isnot protected under article 19 (1) (b) and
reasonable restrictions may be imposed under clause 3 of article 19 in the intrest of
sovereignty , integrity of Indiana or public order.