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2019 Supreme(Raj) 2400
IN THE HIGH COURT OF RAJASTHAN
Kanwaljit Singh Ahluwalia and Banwari Lal Sharma, JJ.
Suo Motu, Jaipur - Appellant
Versus
Chief Secretary, State Of Rajasthan, Government Secretariat, Jaipur And Others - Respondent
Writ Miscellaneous Application No. 132 of 2019 in Civil Writ Petition No. 20323 of 2018
Decided On : 10-04-2019
Mr. A.K. Jain & Mr. Satish Kumar, Advocates, for the Applicant; Mr. Rajendra Yadav, AAG, for respondent State Mr. R.N. Mathur, Sr. Advocate with Mr. Anil Upman, President, RHC Bar Association, for the Respondents
Balancing the right to organize events with the need to preserve ecology and maintain sanctity in a declared silence zone.
Headnote:
Suo Motu - Dr. B.R. Ambedkar Homage Events - The court permitted the organization to offer garlands and hold a Pooja at the statue of Dr. B.R. Ambedkar at Ambedkar Circle, Jaipur, with conditions to maintain ecology and sanctity.
Fact of the Case:
The organization sought permission to organize events to pay homage to Dr. B.R. Ambedkar at Ambedkar Circle, Jaipur, but the area had been declared a silence zone to preserve ecology and decongest traffic.
Finding of the Court:
The court permitted the organization to offer garlands and hold a Pooja at the statue of Dr. B.R. Ambedkar, and facilitated the organization to hold a function at an auditorium near the statue, with conditions to maintain sanctity and refrain from making political statements.
Issues: Permission to organize events in a declared silence zone and balancing the sentiments of the organization with the need to preserve ecology and maintain sanctity.
Ratio Decidendi: The court balanced the sentiments of the organization with the need to preserve ecology and maintain sanctity by permitting specific activities with conditions to ensure no disturbance to the silence zone.
Final Decision: The court permitted the organization to offer garlands, hold a Pooja, and facilitated the organization to hold a function at an auditorium near the statue, with conditions to maintain sanctity and refrain from making political statements.
JUDGMENT
1. Present application has been filed in D.B. Civil Writ Petition No. 20323/2018, titled Suo Motu v. Chief Secretary, State of Rajasthan & Ors. In the present application it is prayed that the organization of the applicants be permitted to organize a series of events on 13th and 14th April, 2019, to pay homage to Bharat Ratna Dr. B.R. Ambedkar, framer of Constitution of India, by offering garlands and flowers at the statue of Dr. B.R. Ambedkar at Ambedkar Circle, Jaipur. Applicants also intend to hold public rally at the said venue.
2. Statue of Dr. B.R. Ambedkar has been installed in the heart of the city. From inception, the circle where the statue is installed is called Ambedkar Circle. Ambedkar Circle is situated near to Rajasthan Legislative Assembly and Rajasthan High Court.
3. A Division Bench of this court while exercising suo motu jurisdiction, in order to preserve ecology, ward off noise pollution and to decongest area of traffic jams, recommended the area be declared as silence zone. We are informed that the State Government has already declared the area as silence zone and from the date of the orders passed by the coordinate Bench and the State Government all rallies, procession and meetings in the area of Ambedkar Circle have been banned.
4. Having heard learned counsel for the parties, we respect the sentiments of the organization that commensurate to the stature of Baba Saheb, function to pay obeisance to great man of India should be held.
5. During the course of arguments, Shri Rajendra Yadav, learned Additional Advocate General, has submitted that Baba Saheb Dr. B.R. Ambedkar is held in the highest esteem by the Government and people of Rajasthan. He has submitted that the State Government shall facilitate offering of garlands, flowers and Pooja at the place of statue by the general public and members of the organization. Shri Rajendra Yadav has submitted that members of the organization be directed not to use any microphone, loudspeaker at the place of statue to maintain ecology and sanctity due to great soul of India. Shri Yadav has submitted that to facilitate holding of function by the organization, the district administration shall arrange the function to be held at any auditorium near to the place of statue provided members of the organization file an undertaking that no political statement shall be made and only function shall be organized to pay respect to Baba Saheb.
6. The suggestion made by Shri Rajendra Yadav, learned Additional Advocate General, has been rightly accepted by the learned counsel for the applicants and President of Bar Association at whose instance suo motu writ was entertained by the coordinate Bench.
7. Consequently, we dispose of the present application by giving following directions:-
(a). That members of the organization shall be permitted to offer garlands, flowers at the statue of Dr. B.R. Ambedkar at Ambedkar Circle, Jaipur.
(b). That the members of the organization shall also be permitted to hold Pooja at the place of statue provided no loudspeaker, microphone is used and no slogans are raised.
(c). That Shri Anil Upman, President of Rajasthan High Court Bar Association, Jaipur, at whose instance suo motu directions were issued in the present writ petition, has also submitted that on behalf of the Bar Association, garlands and wreaths shall be placed at the statue of Dr. B.R. Ambedkar.
(d). That upon the application filed by the members of the organization, the district administration shall facilitate holding of a function at an auditorium near to the place of statue subject to the condition that expenses for hiring the auditorium shall be borne by the members of the applicant organization.
(e). That the members of the applicant organization shall also file an undertaking before the District administration that in the function to be held, no political statements shall be made.
8. We commend the assistance rendered by the learned counsels for the parties, who have taken a very po
