Case Note & Summary
The petitioner, Social Democratic Party of India (SDPI), a political party registered under the Representation of the People Act, 1951, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging a notification dated 28-09-2022 issued by the District Collector, Mangaluru, insofar as it pertained to entries at Sl.Nos. 2, 5, 6, 7, 8, 9, 10, 11 and 12, which resulted in the sealing of the party's offices in Dakshina Kannada district. The petitioner sought a writ of mandamus directing the respondents (District Collector, Commissioner of Police, Superintendent of Police, and Union of India) to remove the seals from the scheduled properties mentioned in Annexure-C, C1 and C2, based on a representation dated 29.09.2022. The facts revealed that the police authorities had sealed the party offices without any order of attachment under the Unlawful Activities (Prevention) Act, 1967 (UAPA), and merely on the basis of a notification under Section 8 of the Karnataka Police Act, 1963. The petitioner argued that the sealing was illegal and violated their fundamental right to carry on political activities. The respondents contended that the action was taken to prevent unlawful activities. The court analyzed the provisions of the Karnataka Police Act and the UAPA, and held that the sealing of premises without following the procedure under Section 25 of the UAPA for attachment was arbitrary and violative of natural justice. The court emphasized that the right to political activity is a fundamental right and cannot be curtailed without due process of law. Consequently, the court allowed the writ petition and directed the respondents to remove the seals from the scheduled properties within one week from the date of the order.
Headnote
A) Constitutional Law - Right to Political Activity - Sealing of Party Offices - The petitioner, a registered political party, challenged the sealing of its offices by police authorities. The court held that the right to carry on political activities is a fundamental right under Article 19(1)(c) and (g) of the Constitution, and sealing without any order of attachment under the Unlawful Activities (Prevention) Act, 1967, is illegal. (Paras 1-10) B) Criminal Law - Unlawful Activities (Prevention) Act, 1967 - Attachment of Property - The court observed that the police cannot seal properties merely on the basis of a notification under Section 8 of the Karnataka Police Act, 1963, without following the procedure under Section 25 of the UAPA for attachment. (Paras 11-15) C) Administrative Law - Natural Justice - Sealing of Premises - The court held that the action of sealing the petitioner's offices without any notice or opportunity of hearing violates principles of natural justice. (Paras 16-20) D) Writ Jurisdiction - Mandamus - Removal of Seals - The court allowed the writ petition and directed the respondents to remove the seals from the scheduled properties within one week. (Paras 21-25)
Issue of Consideration
Whether the sealing of the petitioner's party offices by the police authorities under the guise of a notification under Section 8 of the Karnataka Police Act, 1963, without any order of attachment under the Unlawful Activities (Prevention) Act, 1967, is legal and valid.
Final Decision
The court allowed the writ petition and directed the respondents to remove the seals from the scheduled properties within one week from the date of the order.
Law Points
- Right to political activity
- Section 8 Karnataka Police Act
- 1963
- Unlawful Activities (Prevention) Act
- 1967
- Mandamus
- Sealing of premises
- Natural justice
- Proportionality
