Sri. Amruthesh N P vs State Of Karnataka
2023 Latest Caselaw 2354 Kant

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                                                       WP No. 9952 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 5TH DAY OF MAY, 2023                R
                                          PRESENT

                       THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                                            AND

                     THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL

                       WRIT PETITION NO. 9952 OF 2023 (GM-RES)

                   BETWEEN:

                   SRI. AMRUTHESH N P
                   S/O LATE N C PUTTUSWAMY,
                   AGED ABOUT 62 YEARS,
                   R/O NO 28, 103, 10TH MAIN,
                   J C NAGAR, KURUBARAHALLI,
                   BENGALURU - 560 086.
                   MOB - 9448460811
                   AADHAR NO 710343980415
                                                              ...PETITIONER
                   (BY SRI.N P AMRUTHESH (PARTY IN PERSON) FOR
Digitally signed       SRI. VISHWANATH SABARAD,ADVOCATE)
by SHARADA
VANI B
Location: HIGH     AND:
COURT OF
KARNATAKA
                   1. STATE OF KARNATAKA,
                      VIDHANA SOUDHA, AMBEDKAR ROAD,
                      BENGALURU - 560 001.
                      REP BY ITS CHIEF SECRETARY

                   2. DIRECTOR GENERAL & INSPECTOR
                      GENERAL OF POLICE
                      KARNATAKA STATE POLICE HEADQUARTERS
                      NO 02, NRUPATHUNGA ROAD,
                      BANGALORE - 560 001.
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                                    WP No. 9952 of 2023




3. COMMISSIONER OF POLICE.,
   BENGALURU CITY, INFANTRY ROAD,
   BANGALORE - 560 001.

4. ELECTION COMMISSION OF INDIA,
   NIRVACHAN SADAN,
   ASHOKA ROAD, NEW DELHI - 110 001.
   REP BY ITS CHIEF ELECTION COMMISSIONER

5. ELECTION COMMISSION OF INDIA.,
   KARNATAKA STATE UNIT ,
   NIRVACHANA NILAYA,
   MAHARANIS COLLEGE CIRCLE,
   SHESHADRI ROAD, BANGALORE - 560 001.
   REP BY ITS CHIEF ELECTORAL OFFICER
                                         ...RESPONDENTS
(BY SRI. R SUBRAMANYA., AAG A/W
    SMT. M C NAGASHREE., AGA FOR R1 TO R3;
    SRI. S R DODAWAD., ADVOCATE FOR R4 & R5)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
i)ISSUE A WRIT OF MANDAMUS CALLING FOR THE RECORDS
FROM THE RESPONDENT NOS.1, 2, 3 IN RESPECT OF THE
GRANTING OF THE PERMISSIONS, TRAFFIC REGULATIONS, IF
ANY AND TO SCRUTINIZE THE SAME BY THIS HON'BLE COURT
AND ii)ISSUE A WRIT OF MANDAMUS DIRECTING THE
RESPONDENT NOS.2 AND 3 NOT TO GRANT ANY PERMISSION
FOR THE ROAD SHOWS CONDUCTED BY ANY OF THE
POLITICAL PARTIES AND ANY OF THE ORGANIZATIONS IN THE
STATE OF KARNATAKA SPECIALLY IN THE CITY OF BENGALURU

    THIS PETITION COMING ON FOR ORDERS THIS DAY,
KRISHNA S DIXIT., J., MADE THE FOLLOWING:

                        ORDER

This judgment being rendered in a PIL needs to be

preluded by what the former Chief Editor of the New York

Times (1 December,1989) Mr. A M Rosenthal ecstatically

WP No. 9952 of 2023

had commented as under, about our Parliamentary

Elections of November, 1989:

"When India voted, a whole world voted. A whole world - hundreds of millions of people, speaking in a great orchestra of different languages, praying to different gods, living in a continental hugeness that not long ago was divided into hundreds of principalities, people driven to centuries of war against each other by rulers seeking conquest, foreigners seeking booty, religious zealots seeking blood, educated people by the millions, illiterate peasants by the scores of millions, from mountains through great stretches of plains to southern seas.

Once again this whole world voted as one nation in a countrywide election, nine times now."

It is said that Elections are the festivals of Democracy. In

India, these festivals are celebrated with all pomp & glory

signifying something, albeit unseemingly.

2. Petitioner, a practicing lawyer has presented

this Social Action Litigation with the following prayers:

"i) Issue a Writ of Mandamus calling for the records from the Respondent Nos.1, 2, 3 in respect of the granting of the permissions, traffic regulations, if any and to scrutinize the same by this Hon'ble Court.

WP No. 9952 of 2023

ii) Issue a Writ of Mandamus directing the Respondent Nos.2 and 3 not to grant any permission for the road shows conducted by any of the political parties and any of the organizations in the State of Karnataka specially in the city of Bengaluru.

iii) Issue a Writ of Mandamus directing the Respondent Nos.1 to 5 to restrict and control the road show, Vijayotsava after the counting of the election, 13-05-2023, which will avoid the clashes between the political parties and any unfortune events caused by anti-social elements."

He has scripted the interim prayer as under:

"Pending Disposal of the above Writ Petition the Petitioner most respectfully prays that this Hon'ble High Court may be pleased to stay the road show, which is going to be held on 06/05/2023 and 07/05/2023, conducted by the Bharatiya Janata Party, the road show measuring more than 36 kms in the City Of Bengaluru."

3. Hon'ble the Chief Justice of this Court having

constituted this Vacation Bench is pleased to organize the

Special Sitting this day, regard being had to the pleaded

urgency in the PIL at hands inasmuch as, the political

rallies/road shows which are the subject matter of

challenge herein, are scheduled to be organized tomorrow

WP No. 9952 of 2023

& a day after i.e., on 6th & 7th days of May, 2023, with the

participation of the Hon'ble Prime Minister of the country.

4. Copies of the Petition having been served, the

Respondent - State & its officials are represented by the

Additional Advocate General; the Respondent - Election

Commission of India & the Chief Electoral Officer,

Karnataka, are represented by their Panel Counsel; the

District Election Officer, Bengaluru - Mr. Tushar Girinath,

IAS, who intervened in the matter, is represented by the

learned Senior Advocate Mr. Vikram Huilgol. All these

learned advocates oppose the Petition succinctly

contending that: political rallies of the kind are routinely

held in every General Election, be it to the Parliament or to

the State Legislative Assemblies and that the Petitioner is

not justified in seeking a complete embargo on the same;

the registered & recognized National Political Party namely

Bharatiya Janata Party which is going to organize the

political rallies is a necessary party and the same having

not been arrayed as one of the Respondents to the

WP No. 9952 of 2023

Petition, the PIL is liable to be rejected. Learned Sr.

Advocate Mr. Huilgol hastens to add that, rallies of the

kind are organized even in other Democracies in foreign

jurisdictions like USA & UK and therefore, a complete ban

as sought for by the Petitioner cannot be granted.

5. Learned AAG assisted by a battery of high

ranking Police Officials present in the Court echoed the

above submissions and contends that the election rallies

by the political parties and the candidates in the electoral

fray is not a new thing to the country; such events are

reportedly organized since decades if not still longer in the

back; the State administration and the Police are fully

prepared to manage the law & order situation during the

scheduled rallies. He also agrees with the submission of

learned Panel Counsel for the Election Commission of India

that since the issuance of Press Note dated 29.03.2023

announcing the General Elections to the Karnataka State

Legislative Assembly, 2517 political rallies have been

organized in the State of which 371 were held in

WP No. 9952 of 2023

Bengaluru City itself and that, not even one sporadic

untoward incident is reported. So contending, they pray

for the dismissal of the Petition.

6. Having heard the Petitioner party in person and

learned counsel appearing for the Respondents this Court

is inclined to grant a limited indulgence in the matter with

some observations as warranted by the circumstances, for

the following reasons:

a) The submission of the party in person that rallies

of the kind would disrupt the day to day lives of several

classes of people, more particularly the school & college

goers, hawkers & peddlers, employees/workmen of

garment & other industries and such other wage earners

is in a measure true; however, his submission that

because of such possible disruption, no political rallies

during the election process should be permitted anywhere

in the State, is too farfetched an argument that runs

counter to the election jurisprudence of more than seven

decades. It needs no research to know that, rallies of the

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kind were held right from the 1st General Elections to the

Parliament in the year 1952 and after. The political

parties recognized by Election Commission of India, their

candidates and others in the electoral fray have a legal

right to undertake election campaign inter alia by

organizing political rallies in the public. Such a right, as of

necessity needs to be recognized & acceded to. An

argument to the contrary, falls foul of the electoral

realities.

b) Petitioner, a practising lawyer who argued the

case in person of course with the leave of Court, his

advocate on record having had some ailment could not

cite one single decision of the Apex Court or of any of the

High Courts in the country to support his claim for

clamping an absolute embargo on the conduct of political

rallies & road shows during the election times. He also

could not draw the attention of Court to any of statutory

provisions or the orders/circulars issued by the Election

Commission of India or such other authorities that would

WP No. 9952 of 2023

adumbrate his case even in the least. On the contrary

learned Panel Counsel appearing for the Election

Commission of India cited decisions of two High Courts

which refused to ban the holding of political rallies of the

kind. Mr. Huilgol who represents the DEO is more than

justified in notifying to the court with the help of Google

that political rallies do happen even on the foreign soil

i.e., USA & UK where Democracy is the norm of

governance. That being position, in the absence of

statutory prohibition, events of the kind cannot be banned

in judicial review, as rightly contended by him. However,

this is not to say that the events of the kind can be held

with absolute immunity from regulation & control at the

hands of authorities.

c) It is profitable to refer to the decisions of two

High Courts which throw some light on the issue being

debated here: In RITUPARNA SARKAR DUTTA VS. STATE

OF WEST BENGAL & ANOTHER, AIR 2018 CAL 197, the

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WP No. 9952 of 2023

Division Bench of the Kolkata High Court at paragraph

Nos. 11,14 & 15 observed as under:

"(11) Thus, it is clear that although Art. 19(1)(b) of the Constitution guarantees the fundamental right of every citizen to hold peaceful assembly or processions, the same is not an absolute right. Such right can be curtailed by imposition of reasonable restrictions in the interest of law and order and the general public. Just as Art. 19(1)(b) guarantees a fundamental right Art. 19(1)(d) also guarantees a fundamental right of every citizen to move freely throughout the territory of India. Art. 21 has been interpreted by the Courts to guarantee the fundamental right to livelihood. No citizen or group of citizens can exercise one fundamental right so as to adversely affect or impinge upon some other fundamental right of another citizen. Thus, it cannot be gainsaid that the right to hold peaceful assembly/rally/procession cannot be exercised in a manner which would curtail other persons' rights to free movement and right to livelihood.

14) Although, ideally, political meetings/rallies/processions should be held on holidays i.e. weekends or other public holidays as the same is likely to cause less inconvenience to the members of the public, we do not deem it proper to pass any such absolute direction. We leave it to the wisdom of the State administration as to whether or not permission should be granted for holding of a political rally/meeting/procession on any particular day. We trust and hope that the concerned authorities shall take an informed

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and responsible decision in each individual case keeping in mind the paramount importance of minimizing the inconvenience to the general public.

15) However, we make one thing abundantly clear. No major or arterial road/street must be completely blocked and made inaccessible whether to pedestrians or to motor traffic by reason of holding of a meeting/rally/procession. A reasonable part of every road/street must be kept free of blockage and open to pedestrians and motor traffic. This is absolutely imperative keeping in mind the importance of essential and emergency services like ambulances, fire brigades etc. These are lifesaving services and cannot be allowed to be impeded in any manner. All necessary steps must be taken by the administration to ease the flow of traffic and for that purpose reasonable diversions of traffic may be made and the public at large should be kept informed of the same through the different types of media including television and radio. Normal life cannot be permitted to be brought to a standstill by reason of holding of a political meeting/rally/procession or for that matter any kind of assembly."

Similarly, in W.P.No.16371/2022, between R. RAMARAJA

VARMA Vs. STATE OF KERALA & OTHERS, disposed off on

27.05.2022 a learned Single Judge of the Kerala High

Court at paragraph No.5 has observed as under:

"If a member of a rally raise provocative slogans, the persons who organize the rally is

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WP No. 9952 of 2023

also responsible. If a rally is conducted, it is the duty of the leaders to control the members of the rally. Whether the members of the rally raised the slogan with the knowledge of the leaders or whether there is any connivance between the leaders who organized the rally with the persons who raised provocative slogans is a matter to be investigated by the police. Prima facie, they are responsible. So they should be implicated as accused in the case and the police should investigate the matter. But I make it clear that, the police should investigate the matter untrammeled by any observation in this judgment. The Police officers will do the needful in accordance to law against all persons who violated the law of the land."

The observations hereinabove reproduced come to the

rescue of the Respondents herein.

d) The Political rallies of the kind have some

elements of dissemination of knowledge & information to

the public at large and they generate lot of political

awareness in the voting masses as contended by learned

Sr. Advocate Mr. Huilgol, cannot be disputed. Through

these rallies & road shows, the political parties and the

candidates in the electoral fray may tell the people as to

their plans & programs, should they emerge victorious.

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Therefore, an absolute embargo on such events is not in

the best interest of democratic process. The Apex Court in

UNION OF INDIA vs. ASSOCIATION FOR DEMOCRATIC

REFORMS, 2002 (5) SCC 294 has recognized right of the

voters to know inter alia the criminal & financial

antecedents of the candidates in the electoral fray. As as

offshoot thereof, they have also a right to awareness

about the election process in a democracy; in a

considerable measure, political rallies of the kind serve

this purpose. Mr. Huilgol is right in contending that the

political parties and the candidates have also the

Fundamental freedoms constitutionally guaranteed under

Article 19(1) such as right to expression, right to assemble

peaceably, right to movement and the like. A complete

embargo on the political rallies as sought for by the

Petitioner cannot be directed except in violation of pith &

substance of these rights. However, this is not to say that

the rallies of the kind can be held in any manner and in

any way and at any time sans any control & regulation as

observed in the rulings supra.

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e) Learned AAG appearing for the State on

instructions by the Commissioner of Police, Bengaluru City

Mr. Pratap Reddy, IPS present in the Court submits that all

precautionary and regulatory measures have been put in

place for the political rallies of the morrows in which the

Hon'ble Prime Minister of the country is stated to be

participating along with other dignitaries and that the

Petitioner is not justified in expressing a hue & cry about

the argued likely untoward incidents at the eleventh hour.

Mr. Pratap Reddy personally addressed the Court giving

full particulars of the regulatory action and the availability

of necessary police & other personnel, in an appreciable

way. He also mentioned about the provisions of Blue Book

requirement when the Prime Minister of the country

participates in the scheduled events.

f) The District Electoral Officer, Mr. Tushar Girinath,

IAS, also made his submissions mentioning about the

preparedness for the subject political events and stated

that the statistical data about these rallies held during the

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election in question do not support the apprehension of

the Petitioner about the possible disruption of city life and

the probable happening of untoward incidents in the road

show. These high ranking Officers are not drawn from

kindergarten. They have put in long service and therefore,

would have accumulated administrative expertise in

matters of the kind. Subjects like this ordinarily pertain

to the domain of the Executive, and Courts cannot run a

race of opinions with Government of the day, especially

when assurance of maintaining law & order is given by its

high functionaries

g) The DEO, a long serving IAS Officer & the

Commissioner of Police, Bengaluru City submit, and this

Court has no reason to disagree with the same that no

difficulty would arise to the run of city life should

permission be granted to the political party in question for

organizing the political rallies in the form of road shows

tomorrow i.e., 06.05.2023 during 9.00 am & 1.30 pm

covering a road length of about 26 kms and on

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07.05.2023 during 9.am & 11.30 am covering a road

length of about 6.5 kms. The comparative shortness of

the time duration and road length on 07.05.2023 is stated

to be because of the NEET Examinations scheduled to be

held on the said day from 2.00 pm onwards. This is really

appreciable.

h) Ideally speaking, we would have declined

interference in the matter in the absence of the subject

political party which is going to organize the events

tomorrow & day after, not being arrayed as a Respondent

even when it answers the description of necessary party

in the light of Apex Court decision in RAZIA BEGUM vs.

SAHEB ZADI ANWAR BEGUM AIR 1958 SC 886. However,

we do not chose to do that extreme, since the Petitioner

who argued his case in person and whose voice is

recorded in the Computer System of the Court relaxed the

rigors of his scripted prayer and signified 'No Objection' for

the holding of the road shows for a limited period and for

short road lengths. He gave up the claim for absolute ban

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on the scheduled events. No prejudice would be caused to

the said political party by virtue of this order in its present

form & substance.

i) The above having been said, this Court places on

record, the broad submission made from the side of

Respondents that while the political rally if undertaken

tomorrow & a day after, all precautionary measures would

be taken keeping in view the movement of ambulances,

school & college buses, commutation of students & of the

general public and the movement of essential supply

vehicles. Court also keeps on record the assurance of the

Respondent - State and its Officials of taking all lawful

measures for de-escalation of likely environmental hazards

and possible damage to the private & public properties

during the conduct of morrows' rallies; their responsible

statement that the level of inconvenience to the public

would be immensely diminished by taking appropriate

measures including the diversion of the traffic to the

available alternate routes is also placed on record. If &

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when any untoward incident happens or is likely to

happen, the Commissioner of Police assures of taking all

preventive & remedial measures including securing of the

Security Bonds from the concerned under Section 107 of

Cr.P.C., 1973. He hastens to add that this decision in this

regard would be taken on case to case basis keeping in

view all the parameters of law & facts. There is no reason

to doubt a sincere assurance of the kind coming from a

high ranking police official.

j) The petitioner, when asked as to why he did not

present the Petition much earlier, explains that he got the

information of the intended political rallies of enormous

size only through newspapers a day before and therefore,

he has presented the Petition at hands this day. Although,

such a contention is not in so many words pleaded in the

Petition itself, some credence can be given to this version

since copies of newspaper reports dated 03.05.2023 &

04.05.2023 are produced as Annexures-A to F to the

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Petition and they vouch at least to some extent Petitioner's

say.

k) Lastly, we have also noted the responsible statement

made by the learned AAG and the DEO present in the

Court that a Committee is formed for considering the

application for the grant of permission to conduct political

events & road shows during the election process; it

comprises of inter alia the Commissioner of Police; it is

headed by the DEO who happens to be a senior IAS

Officer; an institutional decision would be taken on such

applications in accordance with law, keeping in mind all

relevant factors. This assurance given to the public at

large through the medium of this Court is also placed on

record. We are of the considered view that a normative

regime for the consideration of applications of the kind

should be established by framing elaborate guidelines with

the participation of all stakeholders like the Election

Commission of India, the high ranking police officials,

representatives of the political parties and a few eminent

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members of the civil society. However, this is a matter

essentially falling within the domain of the Government of

the day and therefore, much is not necessary to specify

and less is insufficient to leave it unsaid. So far as the

conduct of post election rallies/political events are

concerned, they are already made normative by a plethora

of decisions of the Apex Court and therefore, we do not

intend to deliberate on the same much.

In the above circumstances, this Petition is laid to

rest, costs having been made easy.

This Court deeply appreciates the presence &

effective participation of the District Election Officer,

Mr.Tushar Girinath, IAS and the Commissioner of Police,

Bengaluru City, Mr.Pratap Reddy, IPS.

Sd/-

JUDGE

Sd/-

JUDGE Bsv/BSR