The court quashed the police order denying permission for the protest and directed the authorities to allow the villagers to hold it from November 29. (Image generated using AI)The Madras High Court recently allowed residents of Sitharkadu village in Tamil Nadu to stage a unique sit-in protest inside a cremation ground against alleged air pollution from a rice mill operated by the Tamil Nadu Civil Supplies Corporation, observing that the right to protest cannot be nipped in the bud.Justice V Lakshminarayanan, in an order dated October 15, quashed the police order denying permission for the protest and directed the authorities to allow the villagers to hold it from November 29, subject to conditions to ensure that it remains peaceful.“By indulging in a protest and bringing to the notice of the authorities the alleged pollution that has been caused by the Modern Rice Mill being run by an entity over which the State of Tamil Nadu exercises control, the petitioner and the residents of Sitharkadu village are merely implementing their fundamental duties under Articles 51A(a) & 51A(g) of the Constitution of India. Such a protest cannot be nipped in the bud,” the court said. Justice V Lakshminarayanan, in an order dated October 15, quashed the police order denying permission for the protestThe petitioner told the court that the rice mill was causing immense air pollution and adversely affecting air quality in the area. It was further stated that the residents had been protesting against the alleged pollution since at least 2006, and several litigations had been initiated over the issue.After an earlier protest failed to yield results, the villagers decided to organise a sit-in demonstration, called “Ulliruppu Porattam”, inside the cremation ground to draw the government’s attention to their grievances. They had initially sought permission to hold the protest on August 2, 2026, but the police rejected the request shortly before it was scheduled to begin.The villagers subsequently approached senior district authorities, but received no relief, prompting the petitioner to move the high court.The counsel for the petitioner told the court that the petitioner and the residents of Sitharkadu village are going to indulge only in a peaceful protest and that they will not in any manner affect any rituals that might be performed on the days of protest.Story continues below this adThe state, represented by the additional public prosecutor, submitted that the police had no serious objection to providing protection but apprehended that the demonstration could lead to a law and order problem.At the outset the court observed that the right to protest is a form of expression under the Constitution. It noted that by protesting the petitioner and the residents are merely implementing their fundamental duties under the constitution and such a protest cannot be nipped in the bud.The court noted that the villagers had approached the authorities and the Tamil Nadu Pollution Control Board over the alleged pollution. It further observed that in order to forcibly bring these aspects to notice, the residents have come up with a rather unique form of protest.The court held that the protest cannot be nullified by general apprehension of law and order problems. “As long as the protest is peaceful and does not create any problem, this Court finds absolutely no ground for to sustain the order of refusal of permission to indulge in a protest,” the order read.Story continues below this adThe court therefore directed the police to permit the sit-in protest from November 29 and placed the responsibility for maintaining peace on the organisers. It directed the organisers to provide the police with a list of participants in advance and exclude anyone whom the police identify as a potentially disruptive element capable of exploiting the protest to create a law and order problem. The court also directed the participants to give way to funeral rituals and other obsequies at the cremation ground during the protest.Ashish Shaji is a Senior Sub-Editor at The Indian Express (Digital), where he specialises in legal j... Read More Tags:Madras High Court