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K. M. JOSEPH, J. B. PARDIWALA
Shaheen Abdulla – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. interlocutory application details (Para 1) |
| 2. arguments presented by parties (Para 2 , 4 , 5 , 6 , 8 , 9 , 11) |
| 3. court's observations on the proceedings (Para 3 , 7 , 10) |
| 4. conclusion and direction to list case (Para 12) |
ORDER :
Upon hearing the counsel the Court made the following order:
I.A.No.23156 of 2023
1. The petitioner/applicant filed this interlocutory application seeking following reliefs:-
b) Direct the Respondent No.6 (Director General of Police, Maharashtra) and such other authorities as deemed appropriate by this Hon'ble Court to take adequate action so as to ensure that the rally scheduled to take place on 05.02.2023 in Mumbai is not allowed;
c) Direct that, in case the Respondent No.6 and such other authorities as deemed appropriate by this Hon'ble Court to fail to stop the said rally scheduled on 05.02.2023 in Mumbai to explain what measures were taken by the Respondent No.6 and other authorities as per law and show cause why th
The central legal point established in the judgment is the consideration of the petitioner's liability under Section 153-A IPC and the decision to grant bail based on the custody period and custodial....
The fundamental right of a citizen of India to hold a peaceful rally or meeting, subject to reasonable restrictions, was upheld by the court.
The court found that peaceful protests are constitutionally protected and that charges of unlawful assembly and disobedience were unsustainable due to lack of evidence for assault or criminal force.
Bail can be granted if the petitioner is no longer required for custodial interrogation, particularly when offenses are bailable or no incitement is proven beyond the petitioner's presence.
The right to freedom of speech is fundamental but subject to reasonable restrictions to ensure public order, especially in contexts of communal tension.
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