Random Guy

“The State may prevent a breach of peace. It cannot presume that the exercise of liberty is itself a breach of peace.” — N. K. Goswami, Advocate, Supreme Court of India Public order is a constitutional obligation. It is not a constitutional blank cheque. The State is entitled to regulate an unlawful gathering. It is not thereby entitled to restrict the lawful movements of an entire population without independent justification. A citizen travelling to a hospital is not a protester. A passenger arriving by train is not an offender. A hotel guest is not a conspirator. The absence of permission for one assembly cannot become a universal licence to restrict everybody else's liberty. I ask neither for immunity from law nor for judicial permission to create disorder. I ask only that every restriction upon constitutional freedom be justified by lawful authority, demonstrable necessity and proportionality.