[Cites 1, Cited by 0]
Bombay High Court
Vinodkumar S/O Gautam Tajane vs State Of Maharashtra, Thr. Its Secy., ... on 9 April, 2026
Author: Anil S. Kilor
Bench: Anil S. Kilor
2026:BHC-NAG:5655-DB
-1- WP.1375.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
WRIT PETITION NO. 1375 OF 2026
PETITIONER : Vinodkumar S/o. Gautam Tajane, Aged
about 42 Years, Occ. Field Labour,
R/o. Anjankheda, Post Washim, Distt.
Washim.
//VERSUS//
RESPONDENTS : 1. State of Maharashtra, through its
Secretary, Home Department,
Mantralaya Mumbai-32.
2. The Collector, Washim, Dist. Washim.
3. Superintendent of Police, Washim, Dist.
Washim.
4. Inspector/Police Station Officer (Rural),
Distt. Washim.
5. The Tahsildar, Taluka Washim, Distt.
Washim.
__________________________________________________________
Ms. Janhavi Nagdeve, Advocate h/f. Mr. P.S. Wathore, Advocate for
the Petitioner.
Mr. N.S. Rao, AGP for the Respondents/State.
__________________________________________________________
CORAM : ANIL S. KILOR AND
RAJ D. WAKODE, JJ.
DATE : 9th APRIL, 2026.
ORAL JUDGMENT (PER : RAJ D. WAKODE, J.)
Heard Ms. Janhavi Nagdeve, learned counsel holding for Mr.
P.S. Wathore, learned counsel for the petitioner, and Mr. N.S. Rao,
learned AGP for the respondents/State.
-2- WP.1375.2026.odt
2. Rule. Rule made returnable forthwith. Heard finally with the
consent of the parties.
3. The petitioner is the Vice-President of the Trust, namely
Bhimshakti Navyuvak Jayanti Utsav Mandal, Anjankheda , Tahsil and
District Washim, bearing Registration No. F-0012303 (WSM). A copy
of the Registration Certificate dated 30 th July, 2024, issued by the
Assistant Charity Commissioner, Washim Division, Washim, is at
record page No.21 (Annexure-B).
4. The petitioner submitted an application on 19 th January,
2026, to respondent No.4, i.e., the Police Station Officer, Washim
(Rural), seeking permission to carry out a procession on the occasion of
the celebration of the 136th Birth Anniversary of Dr. B. R. Ambedkar.
The said application came to be rejected by respondent No.4 vide
communication dated 6th February, 2026.
5. Being aggrieved by the said rejection, the petitioner has
approached this Court by way of the present writ petition.
6. A perusal of the impugned communication reveals that the
application has been rejected primarily on the following grounds:
(i) Shortage of police force,
(ii) Possibility of disturbance to law and order, and
-3- WP.1375.2026.odt
(iii) Alleged criminal antecedents of certain persons belonging to the
petitioner's Trust.
7. Learned counsel for the petitioner has vehemently argued
that the rejection at the behest of respondent No.4 is arbitrary and
violative of the fundamental rights guaranteed under the Constitution
of India. She further submits that the petitioner is willing to abide by
any reasonable conditions imposed by the authorities if permission is
granted by this Court.
8. Learned AGP has placed on record the communication
issued by respondent No.4, reiterating the same grounds as mentioned
in the impugned communication for rejecting the application. He
submits that, in view of administrative constraints and apprehension of
breach of peace, the permission has been rightly denied, and there is no
merit in the present writ petition. Hence, the same deserves to be
dismissed.
9. We have considered the rival submissions and perused the
material on record. Upon such consideration, we are of the view that the
reasons assigned in the impugned order are general in nature and are
not sufficient to deny the petitioner the right to carry out a peaceful
procession.
-4- WP.1375.2026.odt
10. It is well settled that the right to assemble peacefully and to
take out processions is a fundamental right guaranteed under Article
19(1)(b) of the Constitution of India. Such right, no doubt, is subject to
reasonable restrictions in the interest of public order; however, the
power to regulate does not extend to an arbitrary prohibition.
11. The ground of shortage of police force, in particular, cannot
be a valid justification to deny the exercise of a fundamental right. It is
the duty of the State to make appropriate arrangements to ensure that
lawful activities are carried out in a peaceful manner. Similarly, vague
apprehensions of breach of peace, without any concrete material, cannot
be a ground to reject the request outright.
12. So far as the third ground for rejection of the petitioner's
application is concerned, namely the alleged criminal antecedents of
three persons associated with the petitioner's Trust, learned counsel for
the petitioner has placed on record an affidavit along with a copy of the
Resolution dated 30th April, 2025, passed by the Executive Body of
Bhimshakti Navyuvak Jayanti Utsav Mandal, Anjankheda . By the said
Resolution, it was unanimously resolved that, in view of the criminal
offences registered against Mr. Deepak Subhash Ingole, Mr. Raju
Subhash Ingole, and Mr. Devanand Vasanta Ingole, they be removed
from the petitioner's Trust, and new members be inducted in their
place.
-5- WP.1375.2026.odt
13. Learned counsel for the petitioner submits that the aforesaid
action of removal of such members, on account of their criminal
antecedents, was taken more than a year prior, i.e., on 30 th April, 2025.
Therefore, the said ground relied upon by respondent No.4 for
rejection of the petitioner's application no longer survives and loses its
force.
14. In view of the above, in our considered opinion, the
appropriate course for the respondent authorities is to regulate the
procession by imposing suitable conditions so as to maintain law and
order, rather than to prohibit it altogether.
15. Accordingly, we allow the present writ petition in the
following terms:
(i) The impugned communication dated 6th February, 2026,
issued by respondent No.4, i.e., the Police Station Officer, Washim
(Rural), is hereby quashed and set aside.
(ii) The application dated 19th January, 2026, submitted by the
petitioner for grant of permission to carry out a procession on the
occasion of the 136th Birth Anniversary of Dr. B. R. Ambedkar, is
hereby allowed; however, only for 14 th April, 2026, as prayed in prayer
Clause (i).
-6- WP.1375.2026.odt
(iii) The petitioner is permitted to take out the procession on
14th April, 2026, on the occasion of the 136 th Birth Anniversary of Dr.
B. R. Ambedkar, subject to the following conditions:
CONDITIONS
(a) The procession shall be conducted only on the route specified
in the application, or such modified route as may be approved
by the Police Authorities.
(b) The procession shall be conducted within the time permitted
by the Police Authorities and shall not cause obstruction to
traffic or inconvenience to the general public.
(c) The participants shall maintain strict discipline and shall not
indulge in any act which may disturb public order.
(d) No participant shall carry any weapon, stick, lathi or any object
capable of causing injury.
(e) No slogans, speeches or songs shall be made which are
inflammatory or which hurt the sentiments of any religion,
caste or community.
(f) Use of sound system shall be strictly in accordance with law
and within permissible limits.
(g) The organizers shall deploy sufficient volunteers to regular the
procession and ensure orderly conduct.
-7- WP.1375.2026.odt
(h) The organizers shall submit details of responsible persons to
the Police Authorities in advance and shall extend full
cooperation.
(i) The Police Authorities shall be at liberty to impose additional
reasonable conditions in the interest of public order and to
regular traffic.
(j) In the event of breach of any of the above conditions, it shall
be open to the Police Authorities to take appropriate action in
accordance with law.
(k) The organizers shall be responsible for any damage caused to
public or private property and shall be liable to compensate the
same.
16. The respondent authorities shall make necessary bandobast
and ensure that the procession is conducted peacefully in compliance of
the aforesaid conditions imposed by this Court.
17. The writ petition is accordingly disposed in above terms.
No order as to costs.
(RAJ D. WAKODE, J.) (ANIL S. KILOR, J.)
Vijaykumar
Signed by: Mr. Vijay Kumar
Designation: PA To Honourable Judge
Date: 09/04/2026 19:48:19
