CITIZENS CAN PROTEST EVEN IF THE SAME GRIEVANCE PENDING BEFORE THE COURT

The Andhra Pradesh High Court observed that citizens have a right to protest on an issue already pending before a constitutional court. Approaching a Constitutional court for redressal of grievances would not take away a citizen's right from protesting concerning the same.

The petitioner moved a writ petition before the HC seeking quashing of a government notification that provided revised pay scales, as illegal and arbitrary and contrary to the Andhra Pradesh Re-Organization Act 2014 and Constitution of India.

The Advocate General argued that when the Court had already been hearing the case by way of this writ petition by a government employee, it was not proper for the employees to proceed on strike, which could bring the State’s administrative machinery to halt.

The Advocate General further said that while Article 19(1)(a) of the Constitution guarantees all citizens the right to freedom of speech and expression, such right is not absolute.

A Division Bench of Justices Ahsanuddin Amanullah and BS Bhanumathi directed that the instant case be listed before a proper bench but emphasized that citizens will have the right to exercise the right to protest even if an issue is already pending adjudication before the Court.