Pending criminal cases no bar to celebrate Independence Day: Karnataka High Court

The petitioners had sought permission to conduct an ‘Akhanda Bharatha Sankalpa Dhina’ torchlight march from RMC Ganesha Temple to Dodda Gadiyara Circle on August 14, on the eve of Independence Day. The police had, however, rejected the request citing apprehension of communal tension, hospitals along the route and possible disruption to traffic.

Curbs need objective basis

The high court said Independence Day was a national occasion belonging to every citizen irrespective of religion, caste, community or region. The fact that a procession was connected with Independence Day, it said, could not by itself justify an apprehension of communal tension.

Justice Suraj Govindaraj said permission to participate in Independence Day celebrations could not be refused unless a competent court had restrained participation.

The court acknowledged the police’s duty to maintain law and order but said restrictions had to be founded on objective material rather than general or speculative apprehensions. The petitioners said around 100 people were expected to participate in the procession, scheduled from 5.30 pm to 7.30 pm and would cover about four kilometres.

On traffic concerns, the court said an orderly procession would not necessarily seriously impede vehicular movement. Participants could walk in disciplined rows while leaving space for vehicles. Since the procession would move along the route rather than remain stationary, any disruption would be temporary.

“Such temporary inconvenience cannot, by itself, be a valid ground to deny permission for a procession organised to commemorate Independence Day,” the court held.

Pending criminal cases not enough

The state argued that criminal cases had been registered against some organisers and chargesheets had been filed. It apprehended that some could indulge in unlawful activities or disturb public peace during the procession.

The court rejected this as a standalone ground for refusing permission. “Until a competent Court records a finding of guilt, every accused is presumed to be innocent,” the judge said. It added that the pendency of criminal proceedings or filing of a chargesheet did not mean that the persons concerned lost their right to participate in a national celebration.

The court also said permission could not be refused simply because proceedings were pending unless a competent court had restrained participation or there was “clear and specific material” showing that a person’s participation was likely to result in violence or disturb public peace.

In this case, the respondents had not placed such material before the court, and the apprehension expressed is only a general one, it said.

Procession with conditions

The organisers had undertaken to ensure that the procession remained peaceful and that all lawful police directions were followed. A memo filed on August 12 also identified nine organisers responsible for its peaceful conduct.

The court said the police remained free to impose reasonable conditions if they had genuine law and order concerns. It allowed the petition and quashed the August 6 police endorsement. It directed the authorities to permit the ‘Akhanda Bharatha Sankalpa Dhina’ torchlight march from RMC Ganesha Temple at 5.30 pm on August 14, ending at Dodda Gadiyara Circle at 7.30pm.

However, the court clarified that its order did not itself permit the proposed stage programme. The petitioners could conduct it only if they had obtained the necessary permission from the concerned authority.