Back
IN THE HIGH COURT OF KARNATAKA
Alok Aradhe, S.Vishwajith Shetty, JJ.
Suo Motu - Appellant
Versus
State of Karnataka - Respondent
W.P. No. 5781/2021 (GM-RES-PIL)
Decided On : 01-08-2022
Protests - Traffic Congestion - Regulation of Protests and Demonstrations
Fact of the Case:
Protests and demonstrations caused traffic congestion in Bengaluru, leading to inconvenience for citizens. The court treated the issue as a suo motu public interest litigation.
Finding of the Court:
The State Government framed the Licensing and Regulation of Protests, Demonstrations and Protest Marches (Bengaluru City) Order, 2021 under the Karnataka Police Act, 1963. The court directed the government to ensure compliance with the order and continue to initiate action against violators.
Issues: Traffic congestion due to protests, compliance with the Order of 2021, and action against violators.
Ratio Decidendi: The court emphasized the need for regulating protests and demonstrations to prevent traffic congestion and inconvenience to citizens.
Final Decision: The writ petition was disposed of with a direction to ensure compliance with the Order of 2021 and to continue initiating action against violators.
JUDGMENT
1. The processions, dharanas, protests were held on 2/3/2021 in the prime rush hours in the heart of the City of Bengaluru, which led to a huge traffic congestion. The traffic was virtually stand still for few hours and it caused inconvenience to several citizens. On the basis of a letter dtd. 3/3/2021 sent by one of the Hon'ble Sitting Judges of this Court to the Hon'ble Chief Justice, this issue was directed to be treated as a suo motu public interest litigation.
2. In pursuance of the directions issued from time to time, during the pendency of this petition, the State Government has framed Licensing and Regulation of Protests, Demonstrations and Protest Marches (Bengaluru City) Order, 2021 (for short, 'Order of 2021') under Sec. 31(1)(o) of the Karnataka Police Act, 1963 (for short, 'Act of 1963'). It was stated before this Court that if any person is found violating the provisions of the Order of 2021, action is taken against him.
3. Learned AGA has also placed on record the status report filed on 14/7/2022, in which, it is pointed out that 27 criminal cases have been registered against the persons who had violated the provisions of the Order of 2021.
4. It is further stated before this Court that the protests, marches and dharanas shall be permitted to be held only at the Freedom Park and the State Government is under an obligation to ensure that the provisions of the Order of 2021 which had been framed in exercise of the powers under Sec. 31(1)(o) of the Act of 1963 are complied with in letter and spirit.
5. In view of the aforesaid submission made before this Court which is placed on record, we dispose of this writ petition with a direction to the respondents to ensure compliance of the provisions of the Order of 2021 in letter and spirit and to continue to initiate action against the persons who are found to be violating the provisions of the Order of 2021. Accordingly, the writ petition is disposed of.
Regulation of protests and demonstrations to prevent traffic congestion and inconvenience to citizens.
The central legal point established in the judgment is the need to balance the fundamental right to freedom of speech with the State's power to regulate agitational rights, and the limitations on the....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
