Fountainhead Entertainment Pvt. ... vs Delhi Police & Anr.
2014 Latest Caselaw 1959 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+                              WP(C)2464/2014

      FOUNTAINHEAD ENTERTAINMENT
      PVT. LTD.                           ..... Petitioner
                  Represented by: Mr. Amit Shukla, Advocate.

                         Versus


      DELHI POLICE & ANR.                           ..... Respondents
                    Represented by: Shri B.S. Jaiswal, DCP
                    (South District), Shri Deepak Gauri, ACP and
                    Shri Satender Mohan Sharma, SHO, PS
                    Lodhi Colony.

      CORAM:
      HON'BLE MR. JUSTICE SURESH KAIT
                   ORDER

% 19.04.2014

1. The present petition is assigned to this Court by Hon'ble the Acting Chief Justice on the ground that the event, i.e., IRI (Idea Rocks India), is scheduled to be held tomorrow, i.e., on 20th April, 2014 at 6.30 PM at the Jawaharlal Nehru Stadium, Lodhi Road, New Delhi.

2. Learned counsel for the petitioner submits that the petitioner applied to the respondents on 04.04.2014 for grant of Casual Performance License to hold the Idea Rocks India Concert -Performance by Mika on 20th April, 2014 from 6.00 pm to 10.00 pm at the Jawaharlal Nehru Stadium, Lodhi Road, New Delhi.

3. The petitioner's application dated 04.04.2014 was forwarded by the Joint Commissioner of Police (Licensing) to the respective authorities including the DCP(South District). The petitioner sent another letter dated 07.04.2014 to the DCP(South District) wherein all the details pertaining to the event were furnished, particularly, about security arrangements, private force, CCTVs, Fire NOC and electric NOCs etc. It is alleged in the above letter that the respondents orally assured the petitioner that the permission shall be granted by 18th April, 2014. Upon this oral assurance, the petitioner incurred huge expenditure and also entered into various contracts with various parties.

4. It is specifically stated during the hearing that invitation is through passes only and till date no tickets have been sold.

5. Ld. counsel further submits that on 18.04.2014, the petitioner again approached the respondents, however, there was no response from their side. Today, i.e., 19th April, 2014 the petitioner again approached the DCP concerned for grant of permission, however, he was orally informed that permission cannot be granted because of law and order concerns.

6. This petition was taken up for hearing in the Court at 6.30 pm. Since none was present on behalf of the respondents, therefore, this Court fixed the hearing at 8.00 pm at Bungalow No. 10, New Moti Bagh Complex, New Delhi-110023 and directed the respondent No.2, i.e, the DCP(South) to appear in person. Accordingly, Shri B.S. Jaiswal, DCP(South District) along with Shri Deepak Gauri, ACP and Shri Satender Mohan Sharma,

SHO, PS Lodhi Colony have appeared.

7. Shri Jaiswal submits that in the letter received from the petitioner on 07.04.2014 it was mentioned that the number of audience will be 15,000 to 20,000. Further in the communication dated 15th April, 2014, it was mentioned that the number of audience will be between 20,000 to 25,000 and in the communication dated 18th April, 2014, it was mentioned that the number of audience will be around 27,000 and specifically stated that passes have been distributed accordingly.

8. Mr. Jaiswal further submitted that the petitioner has assured that only 40% audience from amongst the passes distributed would turn up and the actual audience would be around 8,000 only. He stated that they have no problem to handle the gathering of about 8000 people and maintain law and order. But it is subsequently stated by the petitioner that the number of audience would be between 25,000 to 30,000. With this number they have apprehension of stampede, mismanagement and the problem of law and order.

9. He further submits that recently Dera Sacha Sauda sought permission for organizing its function for an audience of 20,000. However, the crowd of more than 60,000 had gathered at the same stadium and, accordingly, they expect a large crowd in this concert also.

10. Moreover, it is further submitted that it is not specifically mentioned in the passes distributed by the petitioner as to how the parking of vehicles

and entry from the gates would be organized. In such a situation, he submits, it will be very difficult for them to manage the crowd and maintain law and order. Therefore, yesterday, for the aforesaid reasons, they denied the permission in writing, which the petitioner refused to receive.

11. It is pertinent to notice here that the traffic police has also denied permission vide their communication dated 17.04.14 on the ground that they are unable to manage such a big crowd specially when the parliamentary elections through India are in progress. It is assessed that for the purpose of this event they will require at least 10 companies, i.e., around 700 to 800 police personnel.

12. Since the petitioner applied for permission way back on 4th April, 2014 and the event is scheduled to be held on 20th April, 2014, therefore, it is necessary to observe that for hosting such a big event the party concerned must apply at least two months before the event, giving all necessary details and the concerned authorities should also decide such application within four weeks from the receipt of such request so that there would be no confusion.

13. In the present facts, since the event is already scheduled to be held on 20th April, 2014, i,e., tomorrow at 6.30 pm, and the petitioners has spent huge sums of money in taking steps for successfully organizing the event, therefore, after interacting with the DCP concerned and the police officers present, it is agreed by the officers that they can manage a maximum 20,000 audience for which they can depute around 8 companies, i.e., 500 to 600

police personnel plus requisite number of available local force.

14. It is also agreed by the petitioner that 250 private security personnel, 60 bouncers and 40 traffic marshals will be provided by them and that these personnel will cooperate with the police as per their directions.

15. It is further agreed by the petitioner that in view of the services being offered by the police department, an amount of Rs.10,00,000/- (Rupees Ten Lakhs only) will be deposited by them in the 'Delhi Police Martyr's Fund' and they will also pay a further sum of Rs.2800/- for each Inspector level officer, Rs.1800/- for each S.I. level officer and Rs.1500/- for each ASI level officer and Rs.1000/- for each Head Constable and Rs.750/- for each constable posted for duty at the venue on furnishing the details of the officers.

16. Mr. Amit Shukla ld. counsel for the petitioner has prayed that court commissioners may be appointed for the purposes of coordination and they should be authorised, in the event of any untoward incident or law and order problem, to direct cancellation of the concert.

17. In view of the request of learned counsel for the petitioner, I appoint Mr. Lorren Bamniyal, Registrar of this Court, Mr. Rohtash Singh, officer of this Court and Mr. Aashish Singh, Advocate as court commissioners who shall remain present during the concert; ensure proper coordination for smooth hosting of the concert; and in the event of any untoward incident or any law and order problem, direct termination of the concert. The court

commissioners shall keep in touch with the DCP Shri B.S. Jaiswal during the hosting of the concert. The fees of the Registrar is fixed at Rs.1,00,000/, and of the remaining two local commissioners at Rs.50,000/- each, to be paid by the petitioner.

18. The concert shall close at the fixed time of 10.00 pm. and no extension of time will be granted either by the court commissioners or by the police authorities.

19. Accordingly, this Court issues the following directions:-

i. The petitioner shall put up sufficient number of sign boards at all the main roads leading to the venue of the event so that the audience are able to know the different routes of entry to the venue.

ii. As agreed by learned counsel for the petitioner, on instructions, the petitioner shall arrange private parking at three different places, ie., for 2000 vehicles at the CGO Complex; for 800 vehicles at the India Habitat Centre; and for 600 vehicles at the Ansal Plaza parking. Sufficient park and ride facilities shall also be provided from the said parking lots. Any additional parking of vehicles shall be at 500 meters away from the entry gates.

iii. The petitioner shall issue advisories to the audiences to come to the venue either in pooled vehicles or by public conveyance, i.e,, by metro, buses etc. to avoid traffic chaos.

iv. The petitioner shall also issue advisories on radio, through SMS, tickers and internet etc. for the audience, specifying that entry is restricted to 20,000 only and would be available on first come first serve basis.

v. The petitioner shall abide by all the arrangements etc. made by the DCP concerned regarding parking of vehicles and entry to the venue, etc.

vii. The concerned authorities shall allow the petitioner to make all arrangements for the event through the night and up 12.00 noon tomorrow.

20. In view of the above terms, the present petition stands disposed of.

21. A copy of this order be given dasti to the parties under the signature of the Court Master.

SURESH KAIT, J.

APRIL 19, 2014 RS