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2008 Supreme(Kar) 520

P.D.DINAKARAN, V.GOPALA GOWDA
Chikkenkoppada Channaveera Sharanara Andhara Kalyana Ashram, Hubli – Appellant
Versus
State of Karnataka, by its Secretary Home Department – Respondent


Advocates appearing for:
Petitioner: Sri G.R. Gurunath, Adv.
Respondents: Sri Basavaraj Kareddy, Adv.

Order

P. D. Dinakaran, CJ.

There is no representation on behalf of the petitioner. We have heard the learned Government Advocate.

2. The first petitioner is a Trust registered under the Karnataka Societies Registration Act and the second petitioner is a Citizen’s Forum. Both of them have approached this Court complaining that public functions such as bundhs, hartals, strikes, gheraos, processions, rallies, protests and other political gatherings are permitted near Rani Chennamma Circle in Hubli causing disturbance to the traffic and put the public at large in-great inconvenience. Petitioners are seeking a writ of mandamus to respondents, who are State of Karnataka, Deputy Commissioner of Dharwad and Police Commissioner of Hubli to make alternate arrangements for all those activities either in Nehru ground or Railway ground or any other suitable place at Hubli.

3. In our considered opinion, the power to regulate grant of license for conducting public agitations, rallies, public meetings etc., lie within the purview of the executive. Although our Constitution does not specifically provide for separation of powers in strict sense of the term the Court cannot, therefore, assume the ro


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