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K. K. MATHEW, M. H. BEG, P. JAGANMOHAN REDDY, S. M. SIKRI, A. N. RAY
Himat Lal K. Shah – Appellant
Versus
Commissioner Of Police, Ahmedabad – Respondent
Judgment
SIKRI, C.J.I :- (With A. N. Ray and Jaganmohan Reddy, JJ.) This appeal by certificate granted by the Gujarat High Court raises an important question as to the right of citizens in India to hold public meetings on public streets, and the restrictions which can be placed on that right.
2. On August 30, 1969 the appellant made an application to the Police Commissioner, Ahmedabad, for permission to hold a public meeting near Panch Kuva Darwaja, Ahmedabad, on September 4, 1969 at 8.00 p.m. in connection with the All India students strike sponsored by All India Students Federation, to be organised on September 5, 1969.
3. On September 2, 1969, this permission was refused because the application was not sent 5 days before the day of the meeting as required by notification of the Commissioner of Police, No. 982/66 dated 15-2-1966. The appellant was also informed that "holding a meeting with or without loudspeaker, without the permission, amounts to an offence."
4. On August 30, 1969 the appellant had also applied for permission to hold another public meeting on September 5, 1969. The Deputy Police Commissioner informed him on September 2, 1969, that the permission "cannot be granted
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