Don’t restrain anti-nuclear activists: HCRosy Sequeira, TNN | Nov 15, 2011,
02.05AM IST
Article<http://timesofindia.indiatimes.com/city/mumbai/Dont-restrain-anti-nuclear-activists-HC/articleshow/10733539.cms>
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Read More:Criminal Procedure
Code<http://timesofindia.indiatimes.com/topic/Criminal-Procedure-Code>
|Bombay High Court<http://timesofindia.indiatimes.com/topic/Bombay-high-court>
|Anti-Jaitapur Nuclear
Plant<http://timesofindia.indiatimes.com/topic/anti-Jaitapur-nuclear-plant>
0
MUMBAI: In a victory for anti-Jaitapur nuclear
plant<http://timesofindia.indiatimes.com/topic/anti-Jaitapur-nuclear-plant>
activists
who claimed their fundamental rights to speech and movement were being
trampled upon, the Bombay high
court<http://timesofindia.indiatimes.com/topic/Bombay-high-court>
directed
the state government not to restrain them from entering Ratnagiri district.

A division bench of Chief Justice Mohit Shah and Justice Roshan Dalvi heard
a petition filed by retired HC judges P B Sawant, Justice B G Kolse-Patil
and activist Vaishali Patil. The district magistrate passed orders on the
report of the superintendent of Ratnagiri stating that there was a possible
law and order problem at the proposed site and that they were provoking
villages. The orders were passed in October 2010, December 2010 and March
2011 under section 144 (unlawful assembly) of the Criminal Procedure
Code<http://timesofindia.indiatimes.com/topic/Criminal-Procedure-Code>
.

S K Sen, their advocate, argued that restrictions on freedom of speech and
movement could not be imposed on the ground of a law and order problem. He
said such orders can be made for over six months and that the state
government was acting illegally and restraining them from going to Jaitapur
since over a year.

"Section 144 violates fundamental rights. You cannot use it all the time.
It is dishonest use of power. I am entitled to voice my view,'' said Sen.

The judges remarked that former President A P J Abdul Kalam recently
approved the setting up of nuclear plants. "He should put it in his
backyard. I (petitioners) have a right to voice my grievance,'' said Sen.

Additional government pleader Sandeep Shinde said the magistrate had relied
on the SP's report that Kolse-Patil had made spoken against the PM.

The judges ruled that "merely because some untoward incidents had occurred,
it could not be a ground for not granting permission in future. The judges
said the petitioners do not deserve to be restrained on the ground that in
the past orders were passed under Section 144. The judges noted that the
plea raised the issue of fundamental rights. They said that as far as
holding public meetings was concerned, the petitioners would apply to the
authorities, who would consider it in accordance with the law.
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CCYQqQIwAA&url=http%3A%2F%2Ftimesofindia.indiatimes.com%2Fcity%2Fmumbai%2FDont-restrain-anti-nuclear-activists-HC%2Farticleshow%2F10733539.cms&ei=d-XBTqy0JMTrrQeRmJDCCw&usg=AFQjCNFlk2krMOxw5R3TZVyjsh4kiKxPVA&sig2=DEAiFFYCyJRyqW0oycBC0w
-- 
Adv Kamayani Bali Mahabal
+919820749204
skype-lawyercumactivist
*
*
*The UID project i**s going to do almost exactly the same thing which the
predecessors of Hitler did, else how is it that Germany always had the
lists
of Jewish names even prior to the arrival of the Nazis? The Nazis got these
lists with the help of IBM which was in the 'census' business that included
racial census that entailed not only count the Jews but also identifying
them. At the United States Holocaust Museum in Washington, DC, there is an
exhibit of an IBM Hollerith D-11 card sorting machine that was responsible
for organising the census of 1933 that first identified the Jews.*
*
*
*http://saynotoaadhaar.blogspot.com/*
*http://aadhararticles.blogspot.com/*
*http://www.facebook.com/home.php?sk=group_162987527061902&ap=1*<
http://www.facebook.com/home.php?sk=group_162987527061902&ap=1>

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