Peaceful agitators not traitors, says HC, allows anti-CAA

Persons holding peaceful protests against a particular law cannot be termed as traitors or

anti-nationals, the Bombay High Court said while granting permission to a few people to sit on an indefinite protest

against the Citizenship Amendment Act in Beed district. The Aurangabad bench of HC on Thursday noted that the

petitioner and his companions only want to hold a peaceful agitation to show their protest.

A division bench of Justices T V Nalavade and M G Sewlikar was hearing a petition filed by one Iftekhar Shaikh

challenging a January 31, 2020 order passed by a magistrate and a January 21, 2020 order of the police refusing them

permission to sit on an indefinite protest at Old Idgah Maidan in Majalgaon in Beed district against the CAA.

"This court wants to express that such persons cannot be called as traitors, anti-nationals only because they want

to oppose one law. It will be act of protest and only against the government for the reason of CAA," the court said in its

order. The bench noted the orders passed by the magistrate

and police were only because the petitioner and his companions wanted to agitate against CAA.

It said, presently, such agitations were going on everywhere and there was no whisper of agitations of other

nature in this region. "We must keep in mind we are a democratic republic

country and our Constitution has given us rule of law and not rule of majority. When such act (CAA) is made, some people may

be of a particular religion like Muslims may feel that it is against their interest and such act needs to be opposed," the

bench said in its order. It noted that it is the duty of the government to

approach such persons, have talks with them and try to convince them.

"India got freedom due to agitations which were non- violent and this path of non-violence is followed by the

people of this country till date. We are fortunate that most people of this country still believe in non-violence," the

bench said. "In the British period, our ancestors fought for

freedom and also for human rights, and due to the philosophy behind the agitations, we created our Constitution. It can be

said that it is unfortunate but the people are required to agitate against their own government now but only on that

ground the agitation cannot be suppressed," it added. The bench held that orders passed by the magistrate

and the police were illegal and needed to be quashed and set aside.