Point of Law: Art. 19(1)(b) of the Constitution guarantees the fundamental right of every citizen to hold peaceful assembly or processions, the same is not an absolute right.

ORDER :

This judgment being rendered in a PIL needs to be preluded by what the former Chief Editor of the New York Times (1 December,1989) Mr. A M Rosenthal ecstatically had commented as under, about our Parliamentary Elections of November, 1989:

“When India voted, a whole world voted.

A whole world - hundreds of millions of people, speaking in a great orchestra of different languages, praying to different gods, living in a continental hugeness that not long ago was divided into hundreds of principalities, people driven to centuries of war against each other by rulers seeking conquest, foreigners seeking booty, religious zealots seeking blood, educated people by the millions, illiterate peasants by the scores of millions, from mountains through great stretches of plains to southern seas.

Once again this whole world voted as one nation in a countrywide election, nine times now.”

It is said that Elections are the festivals of Democracy. In India, these festivals are celebrated with all pomp & glory signifying something, albeit unseemingly.

2. Petitioner, a practicing lawyer has presented this Social Action Litigation with the following prayers:

“(i) Issue a Writ of Mandamus calling for the records from the Respondent Nos.1, 2, 3 in respect of the granting of the permissions, traffic regulations, if any and to scrutinize the same by this Hon’ble Court.

(ii) Issue a Writ of Mandamus directing the Respondent Nos.2 and 3 not to grant any permission for the road shows conducted by any of the political parties and any of the organizations in the State of Karnataka specially in the city of Bengaluru.

(iii) Issue a Writ of Mandamus directing the Respondent Nos.1 to 5 to restrict and control the road show, Vijayotsava after the counting of the election, 13-05-2023, which will avoid the clashes between the political parties and any unfortune events caused by anti-social elements.”

He has scripted the interim prayer as under:

“Pending Disposal of the above Writ Petition the Petitioner most respectfully prays that this Hon’ble High Court may be pleased to stay the road show, which is going to be held on 06/05/2023 and 07/05/2023, conducted by the Bharatiya Janata Party, the road show measuring more than 36 kms in the City Of Bengaluru.”

3. Hon’ble the Chief Justice of this Court having constituted this Vacation Bench is pleased to organize the Special Sitting this day, regard being had to the pleaded urgency in the PIL at hands inasmuch as, the political rallies/road shows which are the subject matter of challenge herein, are scheduled to be organized tomorrow & a day after i.e., on 6th & 7th days of May, 2023, with the participation of the Hon’ble Prime Minister of the country.

4. Copies of the Petition having been served, the Respondent – State & its officials are represented by the Additional Advocate General; the Respondent – Election Commission of India & the Chief Electoral Officer, Karnataka, are represented by their Panel Counsel; the District Election Officer, Bengaluru - Mr. Tushar Girinath, IAS, who intervened in the matter, is represented by the learned Senior Advocate Mr. Vikram Huilgol. All these learned advocates oppose the Petition succinctly contending that: political rallies of the kind are routinely held in every General Election, be it to the Parliament or to the State Legislative Assemblies and that the Petitioner is not justified in seeking a complete embargo on the same; the registered & recognized National Political Party namely Bharatiya Janata Party which is going to organize the political rallies is a necessary party and the same having not been arrayed as one of the Respondents to the Petition, the PIL is liable to be rejected. Learned Sr. Advocate Mr. Huilgol hastens to add that, rallies of the kind are organized even in other Democracies in foreign jurisdictions like USA & UK and therefore, a complete ban as sought for by the Petitioner cannot be granted.

5. Learned AAG assisted by a battery of high ranking Police Officials