'Democracy Detoured': Eminent Lawyer Slams Ban on Rallies in Guwahati

A recent blanket ban imposed on all rallies, processions, and public gatherings within Guwahati city limits has sparked sharp criticism, with prominent voices calling it a "dangerous reflection of authoritarian governance." Among the critics is eminent lawyer Santanu Borthakur, who has strongly condemned the move as a grave threat to democratic expression.

The order, issued by the Deputy Commissioner of Police (Administration), Imdad Ali, APS, under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, cites traffic congestion and disruption of emergency services as primary reasons for the prohibition. Effective immediately from June 6, it prohibits all forms of processions, marathons, walkathons, and similar public events across Guwahati. Violations will attract penalties under Section 223 of the Bharatiya Nyaya Sanhita (BNS), 2023.

But legal experts and civil society leaders argue that the order strikes at the heart of constitutional freedoms.
Reacting to the development, advocate Santanu Borthakur stated, “This is not just an administrative decision—it is a chilling assault on the very spine of our democracy. Public streets are the natural platforms for expressing dissent, ideas, and collective will. The Supreme Court, in Himmat Lal K. Shah vs Commissioner of Police, Ahmedabad, has categorically held that streets are a legitimate space for protest. No democratic government should curtail that right under the pretext of traffic management.”

Borthakur warned that the ban reflects a deeper fear within the ruling establishment—of growing public dissatisfaction.

“This sweeping restriction isn't about traffic. It's about silencing voices. It reeks of fear—fear of rising public anger and collective resistance against the government's policies. Such measures are the hallmark of an authoritarian mindset,” he added.

The lawyer also pointed out that a blanket ban violates the spirit of Article 19 of the Constitution, which guarantees citizens the right to assemble peacefully.

“While public order is important, it cannot be achieved by sacrificing fundamental rights. The state has the responsibility to facilitate both—smooth traffic and peaceful protests. Bans are lazy governance, not solutions,” Borthakur said.

He urged political parties, civil society organizations, and the public to register strong objections against the directive. “Every democratic force must rise in unison to challenge this order. Today, it’s rallies—tomorrow it could be silence in every public space. We must not allow that.”

Though the order allows for appeals or modifications via written representation to the DCP (Administration), critics argue that such discretionary powers leave room for arbitrary application and selective permission, further eroding trust in due process.

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