The judgment emphasizes the point further:  “Courts are bound to see whether these persons have the right to agitate and oppose the law.  If the Court finds that it is part of their Fundamental Right, it is not open to the Court to ascertain whether the exercise of such right will create a law and order problem.  In such cases, it is the duty of the Government to approach such persons, hold talks with them and try to convince them”.

Referring to forceful action against even peaceful agitations, the judges say:  “The government and the bureaucracy need to be sensitive when exercising powers given by law.  Unfortunately, many laws which ought to have been scrapped after getting Freedom are still continuing and the bureaucracy is exercising such powers against the citizens of free India”.