Freedom Of Speech & Expression Can’t Be Curtailed By State But Balance Needs To Be Struck With Public Order & Security: Calcutta High Court

Underlining that fundamental rights to freedom of speech and expression and to assemble peacefully cannot be curtailed by the State, the Calcutta High Court observed, “A balance has to be struck between the rights of the petitioners and public order as well as security, in view of the stipulations in Article 19 (6) of the Constitution of India itself.” The Bench of Justice Sabyasachi Bhattacharyya was hearing the plea by the petitioners (West Bengal Recognised Un-Aided Madrasha Teacher’s Association and others) who stated that they wanted to hold a sit-in demonstration from 12th January onwards in front of Bikash Bhavan at Salt Lake or in the adjacent area.