PRAMOD MUTHALIK Vs. DISTRICT MAGISTRATE DAVANAGERE

JUDGEMENT

(1.) THE District Magistrate, Davanagere passed the impugned order debarring the entry of the petitioner in any part of the Davangere district for a period of one month from 4. 1. 2003 to 3. 2. 2003.

(2.) SALIENTLY the impugned order held out a reason that on 31. 12. 2002 within the limits of Basavanagara police Station around 11. 30 a. m. near Vittal Mandir one Lakshman and Nagaraj sons of fakirappa were done to death by one Khaleemulla and 15 to 20 others belonging to muslim community. In that connection crime No. 1/ 2003 was registered for committing offences punishable under section 143, 147, 148, 323, 324, 114, 506, 307, 302 read with 149 ipc against Khaleemulla and others. On 3. 1. 2003 around 3. 35 p. m. the dead bodies of Lakshman and Nagaraj were taken out in a procession by the activists of Bhajarangadal, R. S. S. V. H. P. and B. J. P in large number raising slogans against the muslim community. The petitioner is said to be an activist of Bhajarangadal and against him several cases are registered in Hubli, Dharwad, Ranebennur, belgaum, Bagalkot etc. , similar Orders are said to have been passed against the petitioner by the Deputy Commissioners of Hubli, belgaum, Bagalkot etc. As per the Police Report, it is apprehended that the petitioner is likely to visit Davanagere and likely to address the public gatherings to incite the communal and religious feelings which may severally affect the public peace and public order. Quoting the said reasons, the impugned order came to be passed.

(3.) SRI V. Y. Kumar, HCGP appearing for the State has filed objection statement of the respondent which virtually reiterates the facts stated in the impugned order.