protest by law enforcement officials do not render the peaceful protest a non-peaceful
protest. Similarly, any violence by the public or the members of a counterdemonstration
aimed at the protesters does not render the protest non-peaceful.
1.6. Isolated sporadic violence or other unlawful acts committed by others do not make a
protest unlawful as long as they remain peaceful in their intentions and behaviour.
1.7.If the initial group of protesters remain peaceful in their intentions or behaviour, even
if outsiders with violent intentions who are not members of the initial group join, the
rights of the initial group to protest cannot be taken away.
1.8.Where violence is manifestly widespread within the protest (not isolated), such
participation will no longer be protected under Article 14 of the Constitution.
1.9. The participants carrying objects, such as gas masks, or helmets, should not be
regarded as hostile. It has to be determined on a case-by-case basis dependent on
legislation dealing with the possession of arms or whether there is reasonable evidence
of violent intent and the risk of violence such weapons may present.
1.10 The authorities must produce credible evidence (reliable evidence) that before or
during the event, those participants incite others to use violence, and that such actions
are likely to cause violence, or that the participants had violent intentions and planned
to act on them which makes violence on their part imminent.
1.11 Article 14(1)(b) of the Constitution only protects the right to peaceful assembly. It
does not cover a demonstration where the participants have violent intentions.
Intentionally breaking through the police cordon falls outside the notion of peaceful
assembly” protected by Article 14(1)(b).
1.12 The fact that certain content or messages used by the protesters may provoke a strong
reaction by non-participants does not mean an assembly is non-peaceful.
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