Table of Content
1. challenge against police refusal of permission for public congregation under section 168 of bnss. (Para 1 , 2 , 3)
2. state's justification for denial based on hate speech and threat to communal harmony. (Para 4 , 5)
3. balancing fundamental rights with law and order via undertakings and conditional permission. (Para 6 , 7)

Final Order (Per Sandipkumar C. More, J.) :

1. Rule. Rule made returnable forthwith. By the consent of learned counsel Mr. Suresh Kulkarni for the petitioner as well as learned APP Mr. S.P. Sonpawale, heard finally at the stage of admission.

2. By this petition, the petitioner has challenged the communication/order dated 17.03.2026 passed by Police Inspector, Biloli, District Nanded i.e. respondent No.4 under Section 168 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) thereby refusing permission for holding congregation in presence of T. Rajasinh Thakur, MLC, Telangana State. A direction is also sought by the petitioner against respondent Nos.2 and 3 for not to create hurdle in the aforesaid congregation and to restrain them from preventing MLC T. Rajasinh Thakur from entering Biloli town.

3. Learned counsel for the petitioner submits that on 04.04.2026 at about 6.30 p.m. petitioner has undertaken to arrange public congregation at Biloli, District Nanded wherein T. Rajasinh Thakur, MLC, Telangana State is supposed to address the meeting. Further, according to him, certain anti Hindu organizations have attempted to create hurdle in such congregation, and therefore, police authorities, to prevent the MLC T. Rajasinh Thakur from addressing the aforesaid congregation, issued the impugned notice dated 17.03.2026 through respondent No.4 under Section 168 of BNSS and thereby refused permission for the attendance of MLC T. Rajasinh Thakur at the congregation. Learned counsel for the petitioner pointed out various incidents which took place in the past wherein the concerned police authorities had refused permission to MLC T. Rajasinh Thakur to address the congregation at various places in Maharashtra, but due to the orders passed by this Court at its Benchs at Nagpur, Bombay and even at Aurangabad, the MLC was permitted to address the congregation at Chopda, District Jalgaon, Chhatrapati Sambhajinagar, at Mira-Bhayandar, Mumbai and at Pusad as well as Yawatmal. He pointed out that not a single untoward incident had taken place in earlier congregations. He also relied on those orders passed by this Court at it’s various Benches, as follows :

(i) Judgment in Criminal Writ Petition No. 369 of 2024 ( Anil Subhash Wankhede vs State of others )

(ii) Judgment in Criminal Writ Petition No.866 of 2025 ( Haridas Tulshiram Thackery vs State of Maharashtra )

(iii) Criminal Writ Petition No. 594 of 2024 ( Naresh Ramu Nile vs State of Maharashtra and others )

Learned Counsel for the petitioner submitted that the petitioner is ready to file undertaking before this Court that no untoward incident would happen if the permission is given to MLC T. Rajasinh Thakur to address the congregation which is to be held on 04.04.2026 at Biloli, Nanded. He even stated that MLC T. Rajasinh Thakur would also file such undertaking before respondent No.4 on Monday i.e. on 30.03.2026.

4. Per contra, learned A.P.P. strongly opposed the submissions made on behalf of the petitioner. He pointed out that MLC T. Rajasinh Thakur, in the past, had made hate speech in his address causing threat to the integrity of nation. Learned A.P.P. also pointed out that due to hate speech of MLC T. Rajasinh Thakur several offences causing differences in Hindu Muslim religions have been registered, and therefore, it would not be appropriate to grant permission to MLC T. Rajasinh Thakur to address in congregation to be held on 04.04.2026 at Biloli. Learned A.P.P. also pointed out that the Additional Collector, as per Maharashtra Police Act, 1951 has promulgated order under Section 37 (1) (3) and prohibited unlawful as

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