2013 Supreme(AP) 879
High Court of Andhra Pradesh
NOOTY RAMAMOHANA RAO, J.
Yuvajana Sramika Rythu Congress Party (YSRCP), Hyderabad
Versus
The Government of Andhra Pradesh rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad & Others
W.P. No. 29980 of 2013
Decided on : 16-10-2013
For the Petitioner:Y. Nagireddy, Advocate.
For the Respondents: R1 to R4, GP for Home, R5, M.V.S. Prasad, Standing Counsel.
Headnote:Constitution of India - Article 19(1) (b), (2) and (3) – Denial of permission for conduct of public meeting apprehending breach of peace—Constitutional right of peaceful assembly cannot be denied by any restrictions imposed upon any such assembly so long as any reprehensible act is not likely to be committed by any such assembly---No unreasonable restriction can be imposed by authorities for conduct of peaceful public meeting---Directions issued.
The petitioner, a recognized political party, in this writ petition challenges, the validity of the orders passed on 12-10-2013 by the Deputy Commissioner of Police, Central Zone, Hyderabad, rejecting the request made by it for permission to conduct a public meeting on 19-10-2013 at Lal Bahadur Stadium, Hyderabad.
As per the directions of My Lord the Hon’ble Chief Justice, this writ petition was taken up for hearing on 13th, 14th and 15th October 2013 at my residence.
Heard Sri C.V. Mohan Reddy, learned senior counsel and Sri C. Nageswara Rao, counsel appearing for Sri Y. Nagireddy on behalf of the petitioner and Sri K. Janakirama Reddy, learned Government Pleader for home and Sri J. Venkata Narasimha Reddy, learned Assistant Government Pleader for Home, who have accepted notice on behalf of respondents 1 to 4 and Sri M.V.S. Prasad, learned Standing Counsel for the Sports Authority of Andhra Pradesh, who accepted notice on behalf of respondent 5. On behalf of respondents 1 to 4, a counter affidavit, sworn to by the Deputy Commissioner of Police, was filed.
It is the case of the writ petitioner that seventeen Members of Legislative Assembly and two Members of Parliament (Lok Sabha), belonging to it are elected by the electorate and hence, it has legitimate right to propound and propagate its ideology. With a view to inform the general public of its opinion on an issue of contemporary social interest, it wanted to conduct a public meeting on 19-10-2013 at Lal Bahadur Stadium, Hyderabad, from 2-00 pm to 8-00 pm and hence, it sought for permission from the Deputy Commissioner of Police, Central Zone, Hyderabad, for the above-said meeting. The request of the petitioner was received at 6-45 pm on 03-10-2013 by the Deputy Commissioner of Police, Central Zone, Hyderabad. On 07-10-2013, it has also submitted a representation to the Commissioner of Police, with a request to advise the concerned to accord necessary permission for the aforementioned meeting. On 01-10-2013, it has approached the Vice Chairman, Sports Authority of Andhra Pradesh, Hyderabad, requesting him to allot Lal Bahadur Stadium, Hyderabad, on 19-10-2013 for holding a public meeting in accordance with the Sports Authority (Procedure for Allotment of Sports Stadia for Sporting and Non-Sporting Activities) Rules, 2012. It has also, earlier, instituted W.P.No.29309 of 2013 seeking a direction to the respondents therein to grant permission to the petitioner for conducting or organizing a public meeting on19-10-2013 at Lal Bahadur Stadium, Hyderabad. That writ petition was disposed of by the High Court on 09-10-2013 directing the Deputy Commissioner of Police, Central Zone, Hyderabad, to deal with the application of the petitioner dated 03-10-2013 and pass appropriate orders thereon before 12-10-2013 and communicate the same to the petitioner forthwith. Accordingly, the Deputy Commissioner of Police, Central Zone, Hyderabad, passed orders through his Proceedings No.HC-1/4836/2013, dated 12-10-2013, rejecting the permission sought for.
The Deputy Commissioner of Police, Central Zone, Hyderabad, during the course of his Order, has noticed that after the Congress Working Committee has announced its decision on 30-07-2013 for formation of Telangana State, intensive agitation was started at Seema-Andhra region for keeping the State of Andhra Pradesh united. It was further noted in the impugned Proceedings that on 03-10-2013 the Union Cabinet has approved a Note for formation of Telangana State and steps are initiated for carrying the decision forward. Consequently, the agitation has been intensified in Seema-Andhra region and large scale violence has erupted in Vijayanagaram District, where curfew has been imposed to bring the situation under control and sporadic incidents of violence have also been reported from several other districts of Seema-Andhra region affecting the peace and tranquility in the region. It was also noted by the Deputy Commissioner of Police, C