Assam CAA protest: APCC slams police notice as infringement on democratic rights

In a sharp response to a legal notice issued by the Deputy Commissioner of Police (Crime) of the Police Commissionerate in Guwahati, Assam, Assam Pradesh Congress Committee (APCC) on March 12  denounced the notice as an unjustified attempt to curb their constitutional and democratic right to protest.

The notice was issued in anticipation of a 'Sarbatmak Hartal' scheduled for March 12, 2024. Bhupen Kumar Borah, President of the protesting group, expressed strong opposition to what he deemed as an overreach of power.

APCC argue that the legal notice misinterprets judicial precedents, citing the distinction made between a 'bandh' and a 'hartal' by the Hon’ble Kerala High Court in Bharat Kumar K. Palicha v. State of Kerala [AIR 1997 Ker 291], affirmed by the Hon’ble Supreme Court in Communist Party of India (M) v. Bharat Kumar [(1988) 1 SCC 201]. They emphasize that while the court rulings mandate monitoring and action against illegal blockades, they do not restrict peaceful protests or 'hartals'.

Moreover, APCC rejected the characterization of their demonstration as a potential threat to public peace and security. Instead, they call for police protection to ensure the peaceful conduct of the hartal, warning of approaching the Hon'ble Gauhati High Court if necessary.

Bhupen Kumar Borah, in a letter addressed to the Deputy Commissioner of Police (Crime), urged for cooperation and prompt action to address their concerns.