Reserved On : 11/11/2025 Pronounced On : 04/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 10872 of 2019 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE M. R. MENGDEY ===============================================================

Approved for Reporting Yes No ==========================================================

NAVDEEP MATHUR & ORS.

Versus STATE OF GUJARAT & ORS.

===============================================================

Appearance:

MR B S SOPARKAR(6851) for the Applicant(s) No. 1,2,3,4,5 NOTICE SERVED for the Respondent(s) No. 2 MR. HARDIK A. DAVE, PUBLIC PROSECUTOR for the Respondent(s) No.

1,3 MR. H.K.PATEL, APP ===============================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

1. The Petitioners have filed this Petition under Article 226 of the Constitution of India for the following reliefs:

(a) quash and set aside the impugned orders at Annexure-A to this Petition.

(b) quash and set aside also those orders that are also passed for the same purpose and will operate for subsequent period after lapse of orders at Annexure ‘A’.

(c) direct the Respondent No.2 to actively publicize every order passed u/s 144 of CRPC or Section 37 of Gujarat Police Act and in operation by physically pasting it at prominent places, printing it in newspapers, broadcasting it through radio and television, sharing the same through website, Twitter, Facebook and Instagram in Gujarati and English.

(d) pending the admission, hearing and final disposal of this Petition, to stay implementation and operation of the orders at Annexure ‘A’ and any other orders already passed for the periods further thereto.

(e) pending the admission, hearing and final disposal of this Petition direct the Respondent No.2 to actively publicize every order passed u/s 144 of CRPC or Section 37 of Gujarat Police Act and is in operation by physically pasting it at prominent places, printing it in newspapers, broadcasting it through radio and television, sharing the same through website, Twitter, Facebook and Instagram in Gujarati and English.

(d) any other and further relief deemed just and proper be granted in the interest of justice;

(e) to provide for the cost of this petition.”

2. The facts and circumstances giving rise to the filing of the present petition are such that in the year 2019, the petitioners herein were protesting against the implementation of The Citizenship Act at Ahmedabad. The Police Authorities had registered an offence against the Petitioners for violation of the Notification issued under Section 144 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “S.144 of the Code”) [Section 163 of Bharatiya Nagarik Suraksha Sanhita, 2023]. However, such Notification being issued from time to time, were not published or publicized sufficiently, and therefore, the petitioners herein were not having any knowledge about issuance of any such Notification. It is brought on record that, since the year 2016 till the year 2019, such Notifications were issued by the authority concerned from time to time, and issuance of such Notifications amount to curtailment of the fundamental right of the petitioners of holding a protest against the elected Government in a peaceful manner. Therefore, being aggrieved by such Notifications, the present petition is filed by the petitioners.

3. Heard learned Advocate Mr. B.S.Soparkar appearing for the petitioners and learned Public Prosecutor Mr. Hardik A. Dave for the Respondent – State.

4. Rule. Learned Public Prosecutor waives services service of Rule on behalf of the Respondent – State.

5. Learned Advocate for the Petitioners submitted that the respondent authorities have been issuing Notifications under S.144 of the Code time and again and, issuing of such Notifications has continued since the year 2016 to 2019. By such Notifications, the public at large has been restrained from gathering at any place in the limits of Ahmedabad City four