[Cites 11, Cited by 0]
Karnataka High Court
Hindu Sammelana Samithi vs The Commissioner Of Police on 3 February, 2026
-1-
NC: 2026:KHC-D:1504
WP No. 100782 of 2026
C/W WP No. 100783 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 3RD DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 100782 OF 2026 (GM-POLICE)
C/W
WRIT PETITION NO.100783 OF 2026
IN WRIT PETITION NO 100782 OF 2026
BETWEEN:
HINDU SAMMELANA SAMITHI,
SADASHIVA NAGARA, BELAGAVI
UNREGISTERED ORGANIZATION
REP. BY ITS SECRETARY/CORRESPONDENT
SRI. SHREYAS SOMSHEKHAR NAKADI,
AGED ABOUT 34 YEARS,
C/O. SOMSHEKHAR,
R/AT PLOT NO.76, SURVEY NO.50,
BESIDE GANESH TEMPLE, SHAHU NAGAR,
BELAGAVI, KARNATAKA-590010.
...PETITIONER
Digitally signed (BY SRI. ARUNA SHYAM, SR. COUNSEL FOR
by YASHAVANT
NARAYANKAR SRI. SURAJ S.MUTNAL, ADVOCATE)
Location: HIGH
COURT OF AND:
KARNATAKA
1. THE COMMISSIONER OF POLICE BELAGAVI,
OFFICE OF COMMISSIONER,
KALLEHOL ROAD, CAMP,
BELAGAVI-590001.
2. THE ASSISTANT COMMISSIONER OF POLICE,
MARKET SUB DIVISION, BELAGAVI POLICE QUARTERS,
SHIVAJI NAGAR, BELAGAVI,
KARNATAKA-590016.
-2-
NC: 2026:KHC-D:1504
WP No. 100782 of 2026
C/W WP No. 100783 of 2026
HC-KAR
3. THE INSPECTOR
APMC POLICE STATION,
BELAGAVI DISTRICT,
BAUXITE ROAD, BELAGAVI,
PIN-590001.
...RESPONDENTS
(BY SRI. GANGADHAR J.M., ADD. ADVOCATE GENERAL)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA R/W SECTION 528 OF BHARATIYA
NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO I. ISSUE A WRIT
IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT AND QUASH
THE POLICE NOTICE DATED 22.01.2026 IN JAVAK NO.180/2026,
ISSUED BY RESPONDENT ASST. COMMISSIONER OF POLICE.
(PRODUCED AT ANNEXURE-A). II. ISSUE A WRIT IN THE NATURE OF
MANDAMUS AND DIRECT THE RESPONDENTS TO PERMIT THE
PETITIONERS TO CONDUCT "HINDU SAMMELANA" AND
ALLOW/PERMIT KUM. HARIKA MANJUNATH TO ADDRESS THE
GATHERING ON 08.02.2026 BY CONSIDERING THE REPRESENTATION
MADE BY THE PETITIONER VIDE LETTER DATED 13-01-2026 AND 30-
01-2026 (PRODUCED AT ANNEXURE- B AND C). III. ISSUE ANY OTHER
WRIT OR ORDER AND GRANT SUCH OTHER AND FURTHER RELIEF AS
THIS HON'BLE COURT MAY DEEM FIT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND
EQUITY.
IN WRIT PETITION NO.100783 OF 2026
BETWEEN:
HINDU SAMMELANA SAMITHI,
MAHANTESH NAGARA, UPANAGARA, BELAGAVI,
UNREGISTERED ORGANIZATION
REP. BY ITS SECRETARY/CORRESPONDENT
SRI. BASAVARAJ SHIVARAJ BHAGOJI,
AGED ABOUT 48 YEARS,
S/O. SHIVARAJ BHAGOJI,
R/AT. PLOT NO.93, VRKC HOUSE SOCIETY,
SHIV ANJANEYA TEMPLE, SHRI NAGAR,
BELAGAVI, KARNATAKA-590016.
...PETITIONER
(BY SRI. ARUNA SHYAM, SR. COUNSEL FOR
SRI. SURAJ S.MUTNAL, ADVOCATE)
-3-
NC: 2026:KHC-D:1504
WP No. 100782 of 2026
C/W WP No. 100783 of 2026
HC-KAR
AND:
1. THE COMMISSIONER OF POLICE, BELAGAVI,
OFFICE OF COMMISSIONER, KALLEHOL ROAD,
CAMP, BELAGAVI-590001.
2. THE ASSISTANT COMMISSIONER OF POLICE,
MARKET SUB DIVISION,
BELAGAVI POLICE QUARTERS,
SHIVAJI NAGAR, BELAGAVI,
KARNATAKA-590016.
3. THE INSPECTOR
APMC POLICE STATION,
BELAGAVI DISTRICT, BAUXITE ROAD,
BELAGAVI, PIN-590001.
...RESPONDENTS
(BY SRI. GANGADHAR J.M., ADDL. ADVOCATE GENERAL)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA R/W SECTION 528 OF BHARATIYA
NAGARIK SURAKSHA SANHITA, 2023, I. ISSUE A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT AND QUASH THE
POLICE NOTICE DATED 22.01.2026 IN JAVAK NO.181/2026, ISSUED
BY RESPONDENT ASST. COMMISSIONER OF POLICE. (PRODUCED AT
ANNEXURE-A). II. ISSUE A WRIT IN THE NATURE OF MANDAMUS AND
DIRECT THE RESPONDENTS TO PERMIT THE PETITIONERS TO
CONDUCT "VIRAT HINDU SAMMELANA" AND ALLOW/PERMIT SRI
MITHUN CHAKRAVARTHY DEVIDAS SHET @ CHAKRAVARTHY SULIBELI
TO ADDRESS THE GATHERING ON 06.02.2026 BY CONSIDERING THE
REPRESENTATION MADE BY THE PETITIONER VIDE LETTER DATED 30-
01-2026 (PRODUCED AT ANNEXURE- B AND C). III. ISSUE ANY OTHER
WRIT OR ORDER AND GRANT SUCH OTHER AND FURTHER RELIEF AS
THIS HON'BLE COURT MAY DEEM FIT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND
EQUITY.
THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
-4-
NC: 2026:KHC-D:1504
WP No. 100782 of 2026
C/W WP No. 100783 of 2026
HC-KAR
ORAL COMMON ORDER
The respondents in both the writ petitions are one and the
same and the impugned notice/order passed by the respondents
is identical in both the writ petitions. As such, both the writ
petitions are disposed of by way of a common order.
2. The petitioners in WP No.100782/2026 approached
respondent No.2 by submitting a representation dated
13.01.2026 stating that the Hindu Sammelana would be held on
08.02.2026 near Shivalaya of Shahunagar, Belgavi and on the
said day, one Kumari Harika Manjunath would address the
gathering. The petitioners in WP No.100783/2026, submitted a
representation dated 13.01.2026 stating that Hindu Sammelana
would be held on 06.02.2026, near Sree Nagar, Sai Baba
Temple, Belagavi. On the said day, one Sri. Mithun Chakravathy
Devidas Shet @ Chakravathy Sulibeli, who is a staunch
nationalist and a law-abiding citizen of the nation and a well-
known writer, communist and orator, columnist and writer,
would address the gathering. Thereafter, the police in both the
cases have issued impugned notice dated 22.01.2026 and
rejected the said request of the petitioners prohibiting the
-5-
NC: 2026:KHC-D:1504
WP No. 100782 of 2026
C/W WP No. 100783 of 2026
HC-KAR
participation of both the speakers stating that the crimes are
registered against them and permitting them to participate in the
said Sammelana would give rise to law and order issue. In
response to that, the petitioners in both the cases on 31.01.2026
submitted a reply stating that no cases are pending/cases are
stayed by the Hon'ble High Court.
3. Learned Senior Counsel appearing on behalf of the
petitioners submits that the impugned order, which is styled as a
notice, issued by the respondent is contrary to the Karnataka
Police Act, 1963 (Hereinafter referred to as 'KP Act') and
violative of principles of natural justice and also violative of the
fundamental right guaranteed to the citizens. It is stated that the
respondents without a valid reason and without giving an
opportunity had passed the impugned order prohibiting the
above referred two persons from participating in the Sammelana,
which is scheduled to be held on 06.02.2026 and 08.02.2026. It
is submitted that the participation of those two speakers will not
give any rise to law and order issue, as stated in the impugned
notice. It is further submitted that these two persons earlier had
participated in similar five programs and no such untoward
incidents, as portrayed, had taken place. It is stated that the
-6-
NC: 2026:KHC-D:1504
WP No. 100782 of 2026
C/W WP No. 100783 of 2026
HC-KAR
respondents have no jurisdiction to interfere with the program
and dictate the terms of the program.
4. Learned Additional Advocate General appearing on
behalf of the respondents submits that earlier there were
instances, where the participation of these two speakers led to
the law and order issue, as such the police have given the
impugned notice. Now, the petitioners have submitted their
explanation to that and they will be passing further orders
considering the reply that is given by the petitioners. It is further
submitted that the whole endeavour of the State is to see that
no untoward incident would take place. This precaution they had
to take because of the previous experience.
5. Having heard the learned Senior Counsel on behalf of
the petitioners and learned AAG appearing on behalf of the
respondents, perused the material on record. As per Section 37
of the KP Act, when anyone wants to organize a program, for use
of the loudspeakers, they need to make an application to the
respondents. Section 39 of the KP Act deals with issue of orders
for maintenance of orders and ceremonials and Section 40 of the
KP Act deals with police to provide against disorder etc. at places
of amusement and public meetings, which read thus:
-7-
NC: 2026:KHC-D:1504
WP No. 100782 of 2026
C/W WP No. 100783 of 2026
HC-KAR
" 37. Licensing use of loudspeakers, etc.--(1)
Subject to the provisions of section 36 and of any
orders made under section 31, no person shall use
or operate,-- (i) in or upon any premises any
loudspeaker or other apparatus for amplifying any
musical or other sound, at such pitch or volume as
to be audible beyond fifty feet from such premises;
(ii) in any open space any loudspeaker or other
apparatus for amplifying any musical or other
sound, at such pitch or volume as to be audible
beyond two hundred feet from the place at which
the musical or other sound is produced or
reproduced, except under and in accordance with
the conditions of a licence granted by the
Superintendent or in such local area by such other
officer as the State Government, may, by
notification in the official Gazette specify in this
behalf.
(2) The provisions of sub-section (1) shall be
applicable to such area from such date as the
Government may by notification in the official
Gazette specify. On the application of subsection
(1) to any area, no local authority shall,
notwithstanding anything contained in any other
law, be competent to grant a licence for the use of
loudspeakers or other apparatus for amplifying any
musical or other sound.
39. Issue of orders for maintenance of order at
ceremonials, etc.--(1) In any case of an actual or
intended religious or ceremonial or corporate
display or exhibition or organised assemblage in
any street or public place, as to which or the
conduct of or participation in which it shall appear
to a competent authority that a dispute or
contention exists which is likely to lead to grave
disturbance of the peace, such authority may give
such orders as to the conduct of the persons
concerned towards each other and towards the
public as it shall deem necessary and reasonable
under the circumstances regard being had to the
apparent legal rights and to any established
practice of the parties and of the persons
interested. Every such order shall be published in
-8-
NC: 2026:KHC-D:1504
WP No. 100782 of 2026
C/W WP No. 100783 of 2026
HC-KAR
the town or place wherein it is to operate and all
persons concerned shall be bound to conform to the
same.
(2) Any order under sub-section (1) shall be subject
to a decree, injunction or order made by a court
having jurisdiction, and shall be recalled or altered
on its being made to appear to the authority making
the order that such order is inconsistent with a
judgment, decree, injunction or order of such Court,
on the complaint, suit or an application of any
person interested, as to the rights and duties of any
person affected by the order aforesaid.
40. Police to provide against disorder, etc., at places
of amusement and public meetings.--(1) For the
purpose of preventing serious disorder or breach of
the law or manifest and imminent danger to the
persons assembled at any public place of
amusement or at an assembly or meeting to which
the public are invited or which is open to the public,
the senior Police Officer of highest rank superior to
that of constable, present at such place of
amusement or such assembly or meeting may,
subject to such rules and orders as may have been
lawfully made, give such reasonable directions as to
the mode of admission of the public to, and for
securing the peaceful and lawful conduct of the
proceedings and the maintenance of the public
safety at such place of amusement or such
assembly or meeting, as he thinks necessary and all
persons shall be bound to conform to every such
reasonable direction.
(2) The Police shall have free access to every such
place of amusement, assembly or meeting for the
purpose of giving effect to the provisions of sub-
section (1) and to any direction made thereunder."
6. In this case, when the petitioners had sought for
permission, the respondents have come up with a notice/order
-9-
NC: 2026:KHC-D:1504
WP No. 100782 of 2026
C/W WP No. 100783 of 2026
HC-KAR
impugned. By virtue of this notice, they have prohibited the two
speakers from participating in the said summit.
7. Article 19(1)(a) of the Constitution of India gives
every citizen the right to freedom of speech and expression.
Article 19(1)(b) gives the right to assemble peacefully. It is
settled law that freedom of speech includes right to express view
in public meeting. However, the State has the power to impose
reasonable restriction in the interest of public order, security of
State, sovereignty and integrity of India, decency or morality and
prevention of incitement to office. The Karnataka Police Act,
1963 permits the police to regulate the public assemblies and
processions. They can prohibit the assembly, if there is
apprehension of disturbance threat to public peace and
tranquility and if there is any risk of violence. The police cannot
arbitrarily stop a person from speaking in a public meeting
basing on their whims and fancies. When the State is curtailing
the citizens' fundamental rights, it shall be based on reasoning
and based on some material. In Anuradha Bhasin Vs Union
of India & others1, the Apex Court observed that restrictions
1
AIR 2020 SC 1308
- 10 -
NC: 2026:KHC-D:1504
WP No. 100782 of 2026
C/W WP No. 100783 of 2026
HC-KAR
on speech must satisfy the proportionality test and State must
justify the necessity. Just because certain cases are registered
against the speakers, that itself cannot be a reason for the police
to pass such an order prohibiting them from
participating/delivering speech in the Sammelan, which is
scheduled to be held on 06.02.2026 and 08.02.2026. The
submission of learned AAG that certain cases are registered
against these two speakers, in response it is submitted by the
Senior Counsel appearing for the petitioners that they had
already participated in similar such programs and nothing
untoward instance had happened in those programs. This
strengthens the case of the petitioners.
8. Be that as it may, the order that is passed by the
respondents is bereft of reasons and the respondents cannot
curtail the fundamental rights of the citizens in this manner. In
that view of the matter, this Court deems it appropriate to pass a
following:
ORDER
i) The impugned notices dated 22.01.2026
bearing Javaka Nos.180 and 181 of 2026
- 11 -
NC: 2026:KHC-D:1504
HC-KAR
issued by the respondents are hereby set-
aside.
ii) The representations filed by the petitioners
seeking permission shall be considered by
the respondents in accordance with law
particularly as per the Karnataka Police
Act, 1963.
iii) The respondents are directed to act strictly
in accordance with law.
iv) Accordingly, both the writ petitions are
disposed of.
v) All I.As. in this writ petition shall stand
closed.
Sd/-
JUSTICE LALITHA KANNEGANTI
JTR
CT:UMD
List No.: 1 Sl No.: 38
