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Judgment
ASHWANI KUMAR MISHRA, A.C.J. (Oral)
While entertaining the present PIL petition, we have passed the following order on 14.08.2026:-
1.This PIL petition has been taken up out of turn on special mentioning made by the petitioner, who is a practicing Advocate in this Court.
2.At the outset, on the oral request of learned Senior Counsel representing the petitioner, the Home Secretary, State of Haryana is impleaded as respondent No.9 in the PIL petition. Registry is directed to amend the memo of parties accordingly.
3.The immediate cause for filing this PIL petition is the perceived law and order situation on account of protest proposed to be held tomorrow i.e. on 15.08.2026 by Quami Insaf Morcha. Learned Senior Counsel representing the petitioner states that such protests often lead to grave law and order situation in which public at large is made to suffer for no fault on its part. It is further submitted that any seize of the town or to certain localities in Chandigarh by the protesters, may cause irreparable injury to public interest.
4.Mr. Amit Jhanji, Senior Standing Counsel, U.T. Chandigarh, Mr. Salil Sabhlok, Senior DAG, Punjab and Mr. Sourabh Goel, Addl. A.G., Haryana make a statement before the Court that the concerned authorities are aware of the threat perception and adequate deployment of police personnel would be made to check any untoward incident.
5.It is well settled that, in a democracy, citizens have a fundamental right to assemble and express their views through peaceful protest. Ordinarily, such a right ought not to be interfered with by the authorities. However, where a protest ceases to be peaceful, turns violent, or poses a threat to public safety, the competent authorities are duty-bound to take appropriate preventive and remedial measures in accordance with law to ensure the maintenance of public peace, order, and security.
6.We hope and trust that the States of Punjab and Haryana, as well as the Union Territory of Chandigarh, shall act with due sensitivity and responsibility and ensure that no untoward incident is permitted to occur. We further expect that all necessary preventive and remedial measures, as warranted in law, shall be taken for the protection of the life, liberty, and security of the public at large in accordance with law.
7.List this matter again on 20.08.2026, by when the respective status report(s) in this regard be filed by the States of Punjab and Haryana as well as Union Territory, Chandigarh.
8.A copy of this order be supplied to learned counsel for all the parties under the signatures of the Bench Secretary of this Court.
Reports, by way of affidavits, have been produced before the Court by the respondents-State of Punjab and U.T, Chandigarh and the same are taken on record. Registry is directed to tag the same at the appropriate place in the case file.
The reports/affidavits clearly indicate that necessary measures were taken to maintain law and order in Chandigarh and to prevent any untoward incident. No untoward incident has been reported. In cases where any offence was allegedly committed, action has been initiated in accordance with law.
Learned counsel appearing for the State of Punjab assures the Court that, in the event any such protest is held in the future, the State shall remain vigilant in the discharge of its responsibilities and shall take all necessary steps to safeguard the life and liberty of citizens, as well as public property. In view thereof, the present PIL petition stands disposed of.
Pending application(s), if any, shall stand disposed of accordingly.