Karnataka HC raps police for barring right-wing activists from speaking at event citing cases: ‘Can’t act on whims’

Total of 8 cases against proposed speakers

Issuing a notice on January 22, the police had rejected the organisers’ January 13 request to allow Kumari Harika Manjunath and Mithun Chakravathy Devidas Shet alias Chakravathy Sulibele to speak at the three-day Sammelan on sanathana dharma. Rejecting the request, the police said that crimes were registered against the proposed speakers and permitting them to participate in the event could lead to law and order issues. Seven cases have been registered against Sulibele and one against Harika.

Senior Advocate Arun Shyam, appearing for the petitioner, had argued that the impugned order is contrary to the provisions of Karnataka Police Act, 1963, which permit police to regulate public gatherings. The action is violative of principles of natural justice and the
fundamental right guaranteed to the citizens under Article 19 and 21 of the Constitution of India.

Further, it was pointed to the court that the two speakers had earlier participated in similar programmes and no untoward incidents, as portrayed by the state government, had taken place.

State’s endeavour to ‘prevent untoward incidents’

The government’s counsel informed the court that it would consider the explanation submitted by the petitioners and will pass further orders considering the reply that is given. It was also submitted that the entire endeavour of the state is to see that no untoward incident would take place and the precaution had to be taken because the participation of the two speakers had previously led to law and order issues.

The court, in its order, underscored that Article 19(1)(a) of the Constitution of India gives every citizen the Right to freedom of Speech and Expression. Article 19(1)(b) gives the Right to Assemble Peacefully. It is settled law that freedom of speech includes the right to express views in public meetings.

The court noted that the state government does have the power to impose reasonable restrictions under provisions of the Karnataka Police Act, which permits the police to regulate public assemblies and processions.

The bench held, “Just because certain cases are registered against the speakers, that itself cannot be a reason for the police to pass such an order prohibiting them from participating/delivering speech in the Sammelan.”

Allowing the petition and setting aside the order which is passed bereft of reasons, the court directed the Belgavi police to consider the representation made by the Samiti seeking permission as per the Karnataka Police Act, 1963, and strictly in accordance with law.