Citizens have right to know the rules under which they are denied permission to hold protests: Gujarat High Court

The Gujarat High Court Tuesday held that the citizens have the right to know the rules based on which the State Police grants or denies permission to hold protests or rallies [Swati Rajiv Goswami vs Commissioner of Police, Ahmedabad]..Single-judge Justice Biren Vaishnav said that non-publication of such rules would kill and smother the very purpose of Right to Information Act (RTI Act) which is to promote transparency in democracy.The Court stressed on the fact that India is a democratic republic established by our Constitution, which requires an 'informed citizenry.'"Democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold governments and their instrumentalities accountable to the governed," the bench said.The Court further opined that there has to be a 'harmonization' of conflicting interest while preserving the paramountcy of the democratic ideal."This, in as much as, when revelation of information in actual practice is likely to conflict with other public interest including efficient operations of the government optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information certain information sought for by the citizen who desire to have it must be provided," the bench observed further..The bench was hearing a plea seeking publication of the rules under Section 33 of the Gujarat Police Act, under which the police authorities usually deny or permit citizens to stage protests. The petitioner - Swati Goswami had proposed to organise a 'peaceful rally' to protest against the Citizenship Amendment Act (CAA) on December 29, 2019. However, a day prior, she was informed that the permission for such assembly and peaceful protest was denied on grounds of law and order as well as traffic congestion it could cause. The petitioner, however, violated the order and held an assembly and was, therefore, detained for a few hours.Goswami then moved the High Court seeking publication and online access to all rules, regulations, instructions, manuals and records held by the State or under its control or used by its employees for discharging its functions. She argued that the failure to publish such rules amounted to illegality of executive action, violation of democracy, rule of law and natural justice and infringement of her rights of free speech and expression and assembly enshrined in Article 19 of the Constitution and also her right to life under Article 21.The State, however, contended that the petitioner is not entitled to such information as by no stretch would denying permission for a 'political rally' infringe her fundamental right..The Court, however, ruled in favour of the petitioner. "The State cannot refuse to produce such rules or orders inasmuch as, what is evident from the mandate of the Act read in context of the objectives of the Act is to promote free flow of information. What is rightly submitted by petitioner while quoting Lon L Fuller that 'there can be no greater legal monstrosity than a secret statute," the bench held.Regarding the contention of the State that the information sought by the petitioner does not affect her rights since her protest was a political one, the bench said, "...such information need not be provided (on this ground) is in the opinion of this Court, killing and smothering the very purpose of the Right to Information Act, which, is evident from the preamble thereof which is to promote transparency in democracy.".The Court further held that the State is under a legal duty to publish information and the petitioner is entitled to know the rules framed under Section 33 of the Gujarat Police Act, so as to know the reasons for denial of permission. In the absence of such knowledge, she will be handicapped in challenging such permission which will be a direct infringement of her fundamental right and a statutory right to know and access the law of the land which she violated, the Court said. "For all the aforesaid reasons therefore, the petition is allowed. The respondent No.1 is directed to publish all the rules and orders framed under Section 33 of the Gujarat Police Act on the website in the manner that the same are made available and accessible to the public and further direction is issued that the respondent No.1 comply with the requirements of Section 4 of the Right to Information Act and publish and make available on their website the texts of all the rules, regulations, instructions, manuals and records held by it or under its control or used by its employees for discharge of its functions," the Court directed..Advocate BS Soparkar appeared for the Petitioner.Assistant Government Pleader Rohan Shah represented the State..[Read Judgment]