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Telangana High Court

Md Shaffiquzzaman vs The State Of Telangana on 22 October, 2021

Author: Satish Chandra Sharma

Bench: Satish Chandra Sharma

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                              AND
                 THE HON'BLE SRI JUSTICE UJJAL BHUYAN


                     WRIT PETITION (PIL) No.27 of 2020

ORDER:

(Per the Hon'ble the Chief Justice Satish Chandra Sharma) The petitioners before this Court have filed this present petition stating that the respondent authorities keeping in view the Indian Police Act, 1861 and Hyderabad City Police Act, 1348 F are under obligation to grant permission in respect of public assemblies and processions. However, permissions are not being granted in time. The petitioners have prayed for the following relief:

"For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue:
a. an appropriate writ, order or direction more particularly in the nature of writ of mandamus declaring the action of respondents in insisting the organisers of public assemblies and processions for obtaining police permission, delaying the action on the permission applications for public assembly or processions till the last movement or not acting on the same, denying permission for public assembly or processions without any authority or reasonable grounds, imposing any unreasonable conditions such as change of place at the last minute, limiting the number of speakers, limiting the number of participants, changing and reducing the time of the meeting, frisking, making videography of public assembly or processions mandatory, etc., and the selective restriction on the freedom of expression as violative of the Article 14, 19 of the constitution of India, section 30 of Indian Police Act, 1861 and Section 22 of the Hyderabad City Police Act, 1348 F. b. specific direction to the respondents to strictly adhere to the provisions of Section 30 of the Police Act, 1861 and Section 22 of the Hyderabad City Police Act, 1348 F and not insist for police permission or license when a meeting is held in closed halls or closed meeting places.

c. direction to the respondents to strictly adhere to the provisions of Section 30 of the Police Act, 1861 and Section 22 of Hyderabad City Police Act, 1348 F and not insist for police permission in all cases of public assemblies or procession on roads, only after the judicious assessment of the likelihood of breach of peace issue notice for obtaining license well in advance before the event.

d. direction to the respondents to decide the application for license and the conditions of license at lease seven days before the date of event.

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e. direction to the respondents not to impose unreasonable or irrational conditions.

f. other consequential orders as deemed fit and proper in the interest of justice and to pass such other order or orders as may deem fit and proper in the circumstances of the case." In the considered opinion of this Court, this Court cannot grant a blanket order directing the respondents to grant permissions for public assemblies and processions and each and every case has to be looked into by the authorities keeping in view the Indian Police Act, 1861 and Hyderabad City Police Act, 1348 F. However, it is made clear that in case any organization has applied for grant of permission and the application submitted by the organiser is not being decided by the competent authorities, they shall certainly be free to approach this Court. In public interest litigation such a relief cannot be granted in respect of all organisers/body of persons for grant of blanket permission.

Resultantly, the relief is declined and the Writ Petition is dismissed. It is also made clear that in case any application is rejected by the competent authority under the Indian Police Act, 1861 and Hyderabad City Police Act, 1348 F, the person whose application is rejected shall also be free to approach this Court or to avail the remedy available under law.

Pending miscellaneous petitions, if any, shall also stand dismissed. There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ UJJAL BHUYAN, J 22.10.2021 ES