Case Note & Summary
The petitioners, Bharat Mukti Morcha (a social organization) and its member Anil Nagare, sought to hold a 'Vishal Maharally' (giant rally) of persons belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, and religion converts. They applied to the Deputy Police Commissioner (respondent No.3) on 13.9.2022 for permission. After some queries were answered, permission was refused by order dated 28.9.2022. The petitioners challenged this order in a writ petition before the Bombay High Court at Nagpur. During hearing on 3.10.2022, the Court noted that the petitioners also wanted to hold a meeting at Bezanbag ground and that only the rally permission was refused. The Court suggested that respondent No.3 could consider granting permission for a public meeting without a rally. The learned Senior Advocate for the respondents, after taking instructions, stated that the respondents would consider granting permission for a public meeting only, subject to conditions. The Court disposed of the petition with a direction to the petitioners to make a fresh application for a public meeting, which the respondents would decide within 24 hours, imposing reasonable conditions. The Court clarified that it had not expressed any opinion on the merits of the refusal of rally permission.
Headnote
A) Constitutional Law - Right to Assemble Peaceably - Article 19(1)(b) of the Constitution of India - Permission for Rally - The petitioners sought permission for a 'Vishal Maharally' of SC/ST/OBC and religion converts. The Deputy Police Commissioner refused permission. The Court suggested that a public meeting without a rally could be permitted, and the respondents agreed to consider granting permission for a public meeting only. (Paras 1-5) B) Administrative Law - Refusal of Permission - Reasonable Restrictions - The Court held that the right to assemble peaceably is subject to reasonable restrictions, but the refusal must be based on valid grounds. The Court did not delve into the merits of the refusal as the matter was resolved by allowing a public meeting. (Paras 4-5)
Issue of Consideration
Whether the refusal of permission to hold a rally and public meeting by the Deputy Police Commissioner was justified and whether the petitioners could be allowed to hold a public meeting without a rally.
Final Decision
The petition is disposed of with a direction to the petitioners to make a fresh application for holding a public meeting only, which the respondents shall decide within 24 hours from receipt, imposing reasonable conditions. The Court did not express any opinion on the merits of the refusal of rally permission.
Law Points
- Right to assemble peaceably
- Article 19(1)(b) of the Constitution of India
- Reasonable restrictions
- Public meeting without rally
- Permission for assembly
- Police powers
