In its judgment in Kamil Siedczynski v Union of India, the Calcutta High Court held that there exists a fundamental right to protest, located within Articles 19(1)(a) & 21, and that this right is also available to a foreigner.
Kamil was expelled from India for participating in an anti-CAA rally, but the Court set aside this Order of Expulsion, holding that it violated Kamil's right under Article 21, and his basic right to free speech. It further held that participating in political rallies and protests are basic and necessary rights in democratic societies.
The Court also set aside the impugned order on the grounds that Kamil was not given a fair hearing by the authorities, and that the order did not disclose any valid reasons for his expulsion.
Further, the Court refused to consider a Confidential Report submitted by the Government in a sealed cover, on the grounds that its contents were unknown to the petitioner at the time the order of dismissal was issued, and that its contents did not form the basis of such order.