PRAVEEN BAI THOGADIA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE order of Additional District Magistrate, Dakshina Kannada district passed in MAG (2) CR 352/2002-03 dated 7. 2. 2003 is in challenge in this proceedings. Under the Order, the petitioner is debarred from entering the district of Dakshina Kannada from 6 am. on 10. 2. 2003 till 6 am. 25. 2. 2003 for a period of 15 days. A mammoth function under name Bhruhat Hindu Samajostav is organised by the organisers belonging to Hindu community at Mangalore on 13. 2. 2003. Several religious Heads of the Mutts and leaders of the other Hindu ordganisation including this petitioner are shown as the participants in the meet. On 7. 2. 2003 a permission for holding the meeting is obtained by the organisers from the District Magistrate, mangalore. So also necessary permission from the Police and corporation was obtained. The function is scheduled in the Nehru maidan at Mangalore on 13. 2. 2003.

(2.) THE impugned order passed by the Additional District magistrate coincides with the permission granted by the District magistrate to hold the function. The contents of the impugned order discloses that Dakshina Kannada district has become communally sensitive area and there have been several communal clashes in the past from the year 1988 resulting in several deaths and damage to the public and private properties. The district population has an heterogeneous complexion consisting of Hindus, Muslims, Christians etc. The expected participants is estimated around 2 lakhs attending the function from the neighboring and other districts in the State. According to order, it is said that the petitioner during his visit to chickmagalore on 18. 12. 02. On the eve of Datta Jayanthi in bababudanagiri had delivered communally inciting speech. The additional District Magistrate feels that a similar inciting speech in mangalore by the petitioner in the function organised would result in stoking communal feelings vitiating the harmonious social atmosphere.

(3.) SRI V. Y. Kumar, HCGP filed objection statement to the petition along with list of documents in support of the impugned order.