VEERANJANEYA DHARMA JAGRUTHI BALAGA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The first petitioner is an unincorporated association of persons and second petitioner happens to be the Secretary of the first petitioner-Association. Petitioners are organizing a homage function for the departed soul namely Sri.Venugopal who laid his life as a victim of assailment by the miscreants, in the recent past. Learned Sr. Advocate appearing for the petitioners vehemently argues that Right to association having been constitutionally guaranteed under Article 19(1)(b ), the gathering of the kind cannot be interdicted by the police on the alleged ground of possible law & order problem. He also assures the court that gathering will be of a reasonable size and that the same would dissolve by the sunset of this day with a guarantee of no untoward incident happening. He also undertakes to file list of names of persons who are responsible for organizing the said gathering and who shall be answerable should any untoward incident happen.

(2.) Learned AGA appearing for the respondents opposes the petition with equal vehemence contending that though the gathering of the kind can be held, it should not result into disruption of peace in the society especially in the wake of death of an innocent person at the hands of miscreants; in matters like this, human emotions overflow, and eventually reason would take backseat that may result into disruption of peace in the society. So contending, he seeks dismissal of the Writ Petition.

(3.) Having heard the learned counsel for the parties and having perused the Petition Papers, this court is broadly in agreement with the submission made on behalf of the petitioners that right to associate and association are constitutionally guaranteed; people gathering for paying homage on the death of innocents has been a long tradition in the society; only requirement is that they have to ensure that no untoward incident would happen and that all precautions in that regard would be taken.