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DORAISWAMY RAJU, ARIJIT PASAYAT
State of Karnataka – Appellant
Versus
Dr. Praveen Bhai Thogadia – Respondent


Counsel for the Parties :
For the Appellants :Sanjay R. Hegde, Advocate.
For the Respondent:Vinay Pratap Singh and C.D. Singh, Advocates.

Judgment

Arijit Pasayat, J.—Leave granted.

2. Though by passage of time, the basic issues seem to have become infructuous, in view of the importance and recurring nature of the legal issues involved, with consent of the learned counsel for the parties, they are taken up. For deciding the issues involved in the appeal the background facts, which are practically undisputed,­ run as follows:

3. The respondent by an order of Additional District Magistrate (in short the ‘ADM’), Dakshina Kannada was restrained from entering the said district and from participating in any function in the district for a period of 15 days i.e. from 10.2.2003 to 25.2.2003. The order was dated 7.2.2003. A function was organised at Mangalore on 13.2.2003 where several religious leaders were shown as the likely participants. On 7.2.2003, a permission for holding the meeting was obtained by the organisers from the District Magistrate, Mangalore. Permission was also granted by the police authorities and the Corporation. The ADM at this stage passed an order dated 7.2.2003 in MAG (2) CR 352/2002-03, Dand restrained the respondent as aforesaid on the ground that the district had become communally sensitive and ther

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