SOWMYA R.REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Overview

(2.) The challenge in these writ petitions under Article 226 of the Constitution of India is to the order made by the District Magistrate, Bengaluru City, who is also the Commissioner of Police of the City, on 18th December, 2019. By the said order, in a purported exercise of power under Section 144 of the said Code, the District Magistrate proceeded to impose various prohibitions within Bengaluru City limits from 19th December, 2019 starting from 6.00 a.m. till the midnight of 21st December, 2019. The order prohibited assembly of a group of five or more persons, organizing any public processions or protests, Raasta Roko, public meetings, carrying of weapons, etc. A direction was also issued that all permissions granted for conducting any protest shall stand cancelled during the said period.

(3.) Incidentally, there is also a challenge to the cancellation of permissions which were granted under the Regulation of Public Processions and Assemblies (Bengaluru City) Order, 2009 (for short, "the said Regulation Order"). When the petitions were moved on 20th December, 2019, various issues were raised regarding the legality and validity of the order dated 18th December, 2019 (for short, "the impugned order"). The Division Bench while considering the prayer for interim relief, noted that the impugned order will come to an end on the next day. Therefore, certain other directions were issued regarding dealing with fresh applications which may be made for organizing protests under the provisions of the said Regulation Order. In the same order, it is noted that though the impugned order will come to an end on the next day, as the impugned order amounts to deprivation of the fundamental rights of the citizens, the Court will have to go into the legality and validity of the impugned order.