RASHTRIYA SURAKSHA JANANDOLAN Vs. COMMISSIONER OF POLICE MYSORE

JUDGEMENT

(1.) The 1st petitioner is an unregistered organization and the 2nd petitioner as a convener of the organisation has given a written request at Annexure-D to the Police Commissioner, Mysore on 18/2/2025 seeking permission to hold a rally today at 10:00am enabling the procession to be held commencing from the Gun House to Kote Anjaneya Swamy Temple. There are four reasons stated in the representation which forms the basis or the reason for the petitioners to hold a rally. However, the impugned endorsement has been issued to the petitioner on 20/2/2025 declining to grant permission where it is stated that having regard to the purpose for which the rally is sought to be taken out, there is a clear possibility of the rally disturbing the peace and tranquility of the public and has a potential to instigate communal clashes and it would become difficult for the police to maintain law and order.

(2.) Learned Senior Counsel Sri Arun Shyam appearing for the petitioners would submit that the petitioners have a fundamental right to hold a rally or a peaceful protest. It is submitted that on 10/2/2025, the Udayagiri Police at Mysore suffered due to the stone pelting at the hands of certain members of the society. The petitioners want to hold out a rally showing that the public in Mysore stand with the police and they condemn the acts of such unruly mobs, which pelted stones against the police. Learned Senior Counsel therefore submitted that the respondent Commissioner of Police, Mysore, should have permitted the holding of the rally.

(3.) Attention of this Court is drawn to a judgment of the Hon'ble Supreme Court in the case of Anita Thakur and Others /vs./Government of Jammu and Kashmir and others - (2016) 15 SCC 525, where it was held that citizens are guaranteed fundamental right of speech, right to assemble for the purpose of carrying peaceful protest processions and right of free movement. Learned Senior Counsel would also submit that having regard to the directions issued by the Hon'ble Supreme Court in the said case, the petitioners are ready and willing to give necessary undertaking and a bond, in terms of the directions issued by a Co-ordinate bench of this court in the case of Sri Veeranjaneya Dharma Jagruthi Balaga and another /vs./ The State of Karnataka and others in W.P.No.15400/2023 dtd. 18/7/2023.