Judges back play protest policing

Sikh protesters objected to the play Behzti

Police use of anti-social behaviour laws to disperse Sikhs protesting against the controversial play Behzti was correct, the High Court has said.

A senior judge said officers faced "a difficult task" and were entitled to use the powers to end demonstrations.

Pritpal Singh, arrested for failing to leave last year's protest at Birmingham Repertory Theatre, argued the police decision to use the laws was wrong.

A Sikh group that backed his calls for a judicial review said it may appeal.

Police acted on December 16, 2004 after reports theatre staff were becoming alarmed and distressed by the protests.

'Threats to kill'

A number of protests were held over the play, which depicts scenes of abuse in a temple, eventually resulting in its cancellation because of safety fears.

Its writer, Gurpreet Kaur Bhatti, was then forced into hiding after receiving death threats about it.

Lord Justice Maurice Kay, sitting with Mr Justice Penry-Davey, rejected arguments the 2003 act could only be used against yob behaviour and not against genuine protests.

What occurred that day was not as innocuous as Mr Singh, a university student from Styvechale, West Midlands, may have wished, they said.

Lord Justice Maurice Kay said the right to demonstrate was safeguarded, as the law had to be applied in a balanced and proportionate way.

He said threats were made to theatre staff, including one to kill, and protesters refused to move away from the theatre voluntarily.

'Right curtailed'

"I am satisfied that the totality of the material in the possession of the police totally justified the issuing of dispersal directions," he said.

David Pievsky, appearing for Mr Singh, had argued less draconian action could have been taken, and the demonstration could have been allowed to continue near the theatre.

He said the dispersal order had only been issued because Sikh demonstrators handing out leaflets had begun to cause alarm during a matinee performance.

The Sikh Community Forum, which backed the application for judicial review, said it was disappointed and an appeal was being considered.

In a statement it said: "We feel that on 16 December 2004 protesters were denied the legitimate right to protest. By dispersing the protesters this right was curtailed."