DIVYA BALAGOPAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) We have permitted the learned counsel appearing for the petitioner to proceed on the footing that the amendment has been granted in terms of the prayer made in I.A. No.2 of 2020. In support of the existing prayers, additional averments are sought to be added by way of an amendment application.

(2.) The first prayer in the petition is for quashing clause 3 of the Licensing and Controlling of Assemblies and Processions (Bengaluru City) Order, 2008, (for short the said Order) on the ground that it is unconstitutional, and ultra vires the provisions of the Karnataka Police Act, 1964, (for short the said Act). The second prayer is for quashing the document published on the official website of the Karnataka Police, captioned as Permission for Peaceful Assembly and Procession which is from page numbers 36, 37 onwards of the petition. The question is whether the said Order imposes unreasonable restrictions on the fundamental rights conferred by sub-clauses (a) and (b) of clause 1 of Article 19 of the Constitution of India.

(3.) The first submission of the learned counsel appearing for the petitioner is that clause 3 of the said Order is unconstitutional as it is a prior restraint on processions or public assemblies. His submission is that prior blanket restraint on the exercise of the rights guaranteed under clauses (a) and (b) Article 19(1) of Constitution of India cannot be imposed and the provisions for licencing introduced by clause 3 of the said Order is prior restraint which is blanket in nature. He submits that penal action is contemplated for non-compliance with the requirement of obtaining license amounting to a disproportionate interference with the fundamental freedoms guaranteed by the Constitution of India.