<p>Two months after Greenpeace activist Priya Pillai was prevented from boarding a flight to London, the Delhi High Court has described the government’s action illegal and against the democratic values enshrined in the Constitution.<br /><br /></p>.<p>“The core aspect of democracy is the freedom of an individual to be able to freely operate, within the framework of the laws. Amongst the varied freedoms conferred on an individual is the right of free speech and expression, which necessarily includes the right to criticise and dissent. Criticism, by an individual, may not be palatable; even so, it cannot be muzzled,” the court said in its judgment on Thursday.<br /><br />On January 11, just before her departure to London, Pillai was stopped from boarding the plane and her passport was stamped with “offload” and her luggage was taken out of the aircraft.<br /><br />Officials claimed she could not be allowed to leave the country as her name figured in a list of person against whom look-out notices have been issued. But in the court, they could not substantiate their claim of why Pillai was put on that list, which is meant for anti-national elements.<br /><br />Ruling in favour of the activist after a two-month legal battle, the Delhi High Court asked the government to quash and set aside the look-out circular against her. The court has also directed the government to expunge the “offload” entry in the passport.<br /><br />The decision to detain the petitioner (Pillai) at the airport was illegal as it violated Pillai’s right under Article 21 and 19(1)(a) of the Constitution, Justice Rajiv Shakdher said in his ruling. “Why must the State interfere with the freedom of an individual, as long as the individual concerned operates within the ambit of laws.”<br /><br />Article 19(1)(a) deals with “the freedom of speech and expression” whereas article 21 deals with “protection of life and personal liberty.”<br /><br />The government’s stand that her testimony before a group British parliamentarians would have “negatively” impacted India’s image is completely untenable, said the judgment.<br />The activist was to speak to UK law makers in connection with the role of Essar Power Ltd – a firm incorporated and registered in the United Kingdom – on coal extraction from Mahan coal block in the Singrauli coal belt in Madhya Pradesh.<br /><br />A joint venture company between Birla group’s Hindalco and Essar Power was given mining rights by the government for Mahan coal block, which is home to the oldest and largest surviving Sal forest in Asia. Many NGOs opposed the mining in Mahan as it could disrupt the lives of the tribal people besides destroying the pristine forest.<br /><br />“We are relieved that the court has cracked down on this undemocratic abuse of power by the government. The bar on my travel was a clear violation of civil rights,” Pillai said, reacting to the verdict.</p>
<p>Two months after Greenpeace activist Priya Pillai was prevented from boarding a flight to London, the Delhi High Court has described the government’s action illegal and against the democratic values enshrined in the Constitution.<br /><br /></p>.<p>“The core aspect of democracy is the freedom of an individual to be able to freely operate, within the framework of the laws. Amongst the varied freedoms conferred on an individual is the right of free speech and expression, which necessarily includes the right to criticise and dissent. Criticism, by an individual, may not be palatable; even so, it cannot be muzzled,” the court said in its judgment on Thursday.<br /><br />On January 11, just before her departure to London, Pillai was stopped from boarding the plane and her passport was stamped with “offload” and her luggage was taken out of the aircraft.<br /><br />Officials claimed she could not be allowed to leave the country as her name figured in a list of person against whom look-out notices have been issued. But in the court, they could not substantiate their claim of why Pillai was put on that list, which is meant for anti-national elements.<br /><br />Ruling in favour of the activist after a two-month legal battle, the Delhi High Court asked the government to quash and set aside the look-out circular against her. The court has also directed the government to expunge the “offload” entry in the passport.<br /><br />The decision to detain the petitioner (Pillai) at the airport was illegal as it violated Pillai’s right under Article 21 and 19(1)(a) of the Constitution, Justice Rajiv Shakdher said in his ruling. “Why must the State interfere with the freedom of an individual, as long as the individual concerned operates within the ambit of laws.”<br /><br />Article 19(1)(a) deals with “the freedom of speech and expression” whereas article 21 deals with “protection of life and personal liberty.”<br /><br />The government’s stand that her testimony before a group British parliamentarians would have “negatively” impacted India’s image is completely untenable, said the judgment.<br />The activist was to speak to UK law makers in connection with the role of Essar Power Ltd – a firm incorporated and registered in the United Kingdom – on coal extraction from Mahan coal block in the Singrauli coal belt in Madhya Pradesh.<br /><br />A joint venture company between Birla group’s Hindalco and Essar Power was given mining rights by the government for Mahan coal block, which is home to the oldest and largest surviving Sal forest in Asia. Many NGOs opposed the mining in Mahan as it could disrupt the lives of the tribal people besides destroying the pristine forest.<br /><br />“We are relieved that the court has cracked down on this undemocratic abuse of power by the government. The bar on my travel was a clear violation of civil rights,” Pillai said, reacting to the verdict.</p>