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HC gives Allahabad DM 5 days to take call on Owaisi rally

A division bench of Justices Dilip Gupta and Vinod Kumar Misra passed the order while disposing of the petition.

By: Express News Service | Allahabad | Published: April 17, 2015 3:07:28 am

The Allahabad High Court Thursday asked District Magistrate to decide within five days the application filed by All-India Majlis-e-Ittehadul Muslimeen (AIMIM) before the administration seeking permission to hold a rally in either Kareli or in Khuldabad area of the city on April 26.

The AIMIM, whose chief Asaduddin Owaisi is likely to address the rally, had filed the application on March 30.  The court, however, did not go into the merits of the application.

A division bench of Justices Dilip Gupta and Vinod Kumar Misra passed the order while disposing of the petition, filed by Afsar Mahmood, city convenor of AIMIM, through his counsel Rizwan Ahmed Qureshi.

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The court said: “This petition is disposed of with a direction to the District Magistrate of Allahabad to take an appropriate decision on the application filed by the petitioner for holding a meeting on 26 April 2015 within a period of five days of the certified copy of this order. The court has not adjudicated on the merits of the case which shall be examined by the District Magistrate in accordance with the law.”

Qureshi said: “Our prayer was Article 19 of the Constitution guarantees freedom of speech, expression and of lawful and peaceful assembly. We also argued that permission had been earlier denied at the instance of the state government due to political reasons.”

Earlier, Owaisi was supposed to address a rally on March 15 in the city but the administration “after giving an interim permission” withdrew it. The administration had claimed that Owaisi’s statements were had “the potential to disturb the law and order situation”.

Mahmood had approached the HC against that order, too. “However, the issue had become infructuous after the incident of the killing of a lawyer in the district court premises, leading to law and order situation and the following strike by lawyers,” said Qureshi.

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