SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Kar) 5980

THE HIGH COURT OF KARNATAKA
LALITHA KANNEGANTI
HINDU SAMMELANA SAMITHI SADASHIVA NAGARA BELAGAVI – Appellant
Versus
THE COMMISSIONER OF POLICE – Respondent
WP 100782/2026



Legal Category Hierarchy

  • constitutional law
    • fundamental rights
      • freedom of speech and expression (Para 8)
      • right to assemble peacefully (Para 8)
  • administrative law
    • police powers
      • karnataka police act, 1963
        • section 37 - licensing use of loudspeakers (Para 5, 6)
        • section 39 - issue of orders for maintenance of order at ceremonials (Para 5, 6)
        • section 40 - police to provide against disorder at public meetings (Para 5, 6)
  • practice and procedure
    • writ jurisdiction
      • certiorari
      • mandamus

Table of Contents

1. Challenge to police notice prohibiting speakers from addressing public meeting under Karnataka Police Act. (Para 1 , 2 )

2. Petitioners argued no valid reason and violation of fundamental rights; respondents cited previous law and order issues. (Para 3 , 4 )

3. Can police prohibit a speaker from addressing a public meeting solely because criminal cases are registered against the speaker?

No, the court held that mere registration of cases is not a valid reason; the police must base their decision on reasoning and material showing threat to public order. (Para 7 , 8 )

4. What is the standard for imposing restrictions on the freedom of speech and assembly under Article 19 of the Constitution?

Restrictions must satisfy the proportionality test; the State must justify the necessity and cannot act arbitrarily based on whims and fancies. (Para 8 )

WRIT PETITION NO. 100782 OF 2026 (GM-POLICE)

C/W

WRIT PETITION NO.100783 OF 2026

IN WRIT PETITION NO 100782 OF 2026

BETWEEN:

HINDU SAMMELANA SAMITHI,

SADASHIVA NAGARA, BELAGAVI

UNREGISTERED ORGANIZATION

REP. BY ITS SECRETARY/CORRESPONDENT

SRI. SHREYAS SOMSHEKHAR NAKADI,

AGED ABOUT 34 YEARS,

C/O. SOMSHEKHAR,

R/AT PLOT NO.76, SURVEY NO.50,

BESIDE GANESH TEMPLE, SHAHU NAGAR,

BELAGAVI, KARNATAKA-590010.

…PETITIONER

(BY SRI. ARUNA SHYAM, SR. COUNSEL FOR SRI. SURAJ S.MUTNAL, ADVOCATE)

AND:

1. THE COMMISSIONER OF POLICE BELAGAVI,

OFFICE OF COMMISSIONER,

KALLEHOL ROAD, CAMP,

BELAGAVI-590001.

2. THE ASSISTANT COMMISSIONER OF POLICE,

MARKET SUB DIVISION, BELAGAVI POLICE QUARTERS,

SHIVAJI NAGAR, BELAGAVI,

KARNATAKA-590016.

3. THE INSPECTOR

APMC POLICE STATION,

BELAGAVI DISTRICT,

BAUXITE ROAD, BELAGAVI,

PIN-590001.

…RESPONDENTS

(BY SRI. GANGADHAR J.M., ADD. ADVOCATE GENERAL)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA R/W SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO I. ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT AND QUASH THE POLICE NOTICE DATED 22.01.2026 IN JAVAK NO.180/2026, ISSUED BY RESPONDENT ASST. COMMISSIONER OF POLICE. (PRODUCED AT ANNEXURE-A). II. ISSUE A WRIT IN THE NATURE OF MANDAMUS AND DIRECT THE RESPONDENTS TO PERMIT THE PETITIONERS TO CONDUCT “HINDU SAMMELANA” AND ALLOW/PERMIT KUM. HARIKA MANJUNATH TO ADDRESS THE GATHERING ON 08.02.2026 BY CONSIDERING THE REPRESENTATION MADE BY THE PETITIONER VIDE LETTER DATED 13-01-2026 AND 30-01-2026 (PRODUCED AT ANNEXURE- B AND C). III. ISSUE ANY OTHER WRIT OR ORDER AND GRANT SUCH OTHER AND FURTHER RELIEF AS THIS HON’BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

IN WRIT PETITION NO.100783 OF 2026

BETWEEN:

HINDU SAMMELANA SAMITHI,

MAHANTESH NAGARA, UPANAGARA, BELAGAVI,

UNREGISTERED ORGANIZATION

REP. BY ITS SECRETARY/CORRESPONDENT

SRI. BASAVARAJ SHIVARAJ BHAGOJI,

AGED ABOUT 48 YEARS,

S/O. SHIVARAJ BHAGOJI,

R/AT. PLOT NO.93, VRKC HOUSE SOCIETY,

SHIV ANJANEYA TEMPLE, SHRI NAGAR,

BELAGAVI, KARNATAKA-590016.

…PETITIONER

(BY SRI. ARUNA SHYAM, SR. COUNSEL FOR SRI. SURAJ S.MUTNAL, ADVOCATE)

AND:

1. THE COMMISSIONER OF POLICE, BELAGAVI,

OFFICE OF COMMISSIONER, KALLEHOL ROAD,

CAMP, BELAGAVI-590001.

2. THE ASSISTANT COMMISSIONER OF POLICE,

MARKET SUB DIVISION,

BELAGAVI POLICE QUARTERS,

SHIVAJI NAGAR, BELAGAVI,

KARNATAKA-590016.

3. THE INSPECTOR

APMC POLICE STATION,

BELAGAVI DISTRICT, BAUXITE ROAD,

BELAGAVI, PIN-590001.

…RESPONDENTS

(BY SRI. GANGADHAR J.M., ADDL. ADVOCATE GENERAL)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA R/W SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, I. ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT AND QUASH THE POLICE NOTICE DATED 22.01.2026 IN JAVAK NO.181/2026, ISSUED BY RESPONDENT ASST. COMMISSIONER OF POLICE. (PRODUCED AT ANNEXURE-A). II. ISSUE A WRIT IN THE NATURE OF MANDAMUS AND DIRECT THE RESPONDENTS TO PERMIT THE PETITIONERS TO CONDUCT “VIRAT HINDU SAMMELANA” AND ALLOW/PERMIT SRI MITHUN CHAKRAVARTHY DEVIDAS SHET @ CHAKRAVARTHY SULIBELI TO ADDRESS THE GATHERING ON 06.02.2026 BY CONSIDERING THE REPRESENTATION MADE BY THE PETITIONER VIDE LETTER DATED 30-01-2026 (PRODUCED AT ANNEXURE- B AND C). III. ISSUE ANY OTHER WRIT OR ORDER AND GRANT SUCH OTHER AND FURTHER RELIEF AS THIS HON’BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL COMMON ORDER

The respondents in both the writ petitions are one and the same and the impugned notice/order passed by the respondents is identical in both the writ petitions. As such, both the writ petitions are disposed of by way of a common order.

2. The petitioners in WP No.100782/2026 approached respondent No.2 by submitting a representation dated 13.01.2026 stating that the Hindu Sammelana would be held on 08.0

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top