Rallies Act as Safety Valve, Cops can't deny nod citing Law and Oder: High Court

Observing that rallies & public meetings act as a safety valve, the Nagpur bench of the Bombay HC on Thursday said police cannot refuse permission for a public meeting simply on the ground that it would create a law & order problem.

The bench, while hearing a petition filed by a Bhim Army functionary against police's refusal to grant them permission to hold a rally in Reshimbagh ground here on Feb 22, also said that fundamental rights shouldn't be curtailed.

The ground in which the public meeting is to be held is close to the headquarters of the Rashtriya Swayamsevak Sangh (RSS).

Bhim Army chief Chandrashekhar Azad is scheduled to address the rally.

However, the Kotwali police has denied permission citing law & order.

A division bench of Justices Sunil Shukre & Madhav Jamdar on Thursday said, "Such rallies & public meetings act as a safety valve. Suppression is more dangerous."

Police in their affidavit filed on Thursday stated that the petitioner's organisation is seeking permission to hold a protest against Citizenship (Amendment) Act & National Register of Citizens (NRC) at a location which is near the Hedgewar Smarak Bhavan adjoining the RSS administrative building.

The organisation of the petitioners holds an ideology which is different & contrary & diverse to the ideology being professed by the RSS, the police said in the affidavit, adding that the possibility of law & order situation being created at the centre of protest can't be ruled out.

The court, however, noted that the police cannot refuse permission only on the ground that it may create law & order problem.

The bench said the police has failed to produce any inquiry or intelligence report to support their claim.

"Not giving permission would mean curtailing fundamental rights & that would not serve the cause of democracy," the court said.

The court further observed that permission can be granted with restrictions & regulations.

The bench said it would pass its order on the petition on Friday.

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