Right to peaceful protest, a fundamental right

In the case of Anita Thakur v State of J&K, the Supreme Court observed that the right of peaceful protest against government action is a fundamental right and the state cannot claim sovereign immunity as a defense in case of its violation. The Court observed that peaceful protests come under the category of freedom and speech and expression and freedom of assembly and are covered by the provisions of Article 19(1)(a)(b)&(c) subject to the restrictions of law and order and sovereignty of the state, The court observed that sometimes such protests turn violent and police action is required to protect public property but the use of excessive force by the authority is unwarranted.
The court observed that the defence of sovereign immunity cannot be applied in case of violation of fundamental rights. The violation of fundamental rights gives rise to liability under public law as well as criminal law and law of torts. Pecuniary compensation maybe awarded for the violation of fundamental rights. Further, it is the state which is held liable and not the individual policemen and it is the State which has to pay compensation. The court further observed that the standard of proof for police brutality, custodial violence and torture and of putting state accountability for the same is very high and only in cases of incontrovertible violations such remedy can be made available.