Navi Mumbai: While hearing a plea concerning the proposed naming of the Navi Mumbai International Airport, Chief Justice of India Surya Kant on Monday observed that while every citizen has the right to
protest peacefully and lawfully in a democracy, no agitation should create a law and order situation or inconvenience the common public.
“They should not threaten and create a law and order problem. Everybody has a right to peaceful and lawful protest as permissible in law can be done. But not come on streets and create problems for the common man. That should not happen,” the CJI remarked during the hearing, reported Live Law.
A bench comprising CJI Surya Kant, Justice Joymalya Bagchi and Justice Vipul M Pancholi was hearing a petition filed by Prakashjhot Samajik Sanstha challenging an earlier order of the Bombay High Court, which had declined similar relief sought by the petitioner.
According to a report by Live Law, the plea pertained to the Maharashtra government’s proposal to name the upcoming Navi Mumbai airport as ‘Loknete DB Patil Navi Mumbai International Airport’. The petitioner had sought a time-bound direction to the Centre for taking a final decision on the State government’s proposal.
During the proceedings, the bench underlined that the matter squarely fell within the policy domain of the government. Questioning the maintainability of such a plea, the CJI asked the petitioner’s counsel whether it is the function of the court to take a decision on the airport's name.
When the counsel clarified that the petitioner was not asking the Court to decide the name itself, but merely seeking a direction for the authorities to take a decision within a fixed timeframe, the CJI responded that the Court should not be compelled to pass such orders in policy matters. The CJI further reiterated that in a democratic system, citizens have the right to continue pursuing their demands through lawful means.
When the petitioner’s counsel informed the Court that representations had already been made before the authorities but no response had been received from the Union government, the CJI remarked that public demands in a democracy sometimes require persistence before authorities take a decision.
“In a democratic setup, authorities will ultimately realize that some decision has to be taken,” the Court added while disposing of the matter and granting liberty to the petitioner to approach the competent authority for appropriate remedies.
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