HINDU SAMMELANA SAMITI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The respondents in both the writ petitions are one and the same and the impugned notice/order passed by the respondents is identical in both the writ petitions. As such, both the writ petitions are disposed of by way of a common order.

(2.) The petitioners in WP No.100782/2026 approached respondent No.2 by submitting a representation dtd. 13/1/2026 stating that the Hindu Sammelana would be held on 8/2/2026 near Shivalaya of Shahunagar, Belgavi and on the said day, one Kumari Harika Manjunath would address the gathering. The petitioners in WP No.100783/2026, submitted a representation dtd. 13/1/2026 stating that Hindu Sammelana would be held on 6/2/2026, near Sree Nagar, Sai Baba Temple, Belagavi. On the said day, one Sri. Mithun Chakravathy Devidas Shet @ Chakravathy Sulibeli, who is a staunch nationalist and a law-abiding citizen of the nation and a wellknown writer, communist and orator, columnist and writer, would address the gathering. Thereafter, the police in both the cases have issued impugned notice dtd. 22/1/2026 and rejected the said request of the petitioners prohibiting the participation of both the speakers stating that the crimes are registered against them and permitting them to participate in the said Sammelana would give rise to law and order issue. In response to that, the petitioners in both the cases on 31/1/2026 submitted a reply stating that no cases are pending/cases are stayed by the Hon'ble High Court.

(3.) Learned Senior Counsel appearing on behalf of the petitioners submits that the impugned order, which is styled as a notice, issued by the respondent is contrary to the Karnataka Police Act, 1963 (Hereinafter referred to as 'KP Act') and violative of principles of natural justice and also violative of the fundamental right guaranteed to the citizens. It is stated that the respondents without a valid reason and without giving an opportunity had passed the impugned order prohibiting the above referred two persons from participating in the Sammelana, which is scheduled to be held on 6/2/2026 and 8/2/2026. It is submitted that the participation of those two speakers will not give any rise to law and order issue, as stated in the impugned notice. It is further submitted that these two persons earlier had participated in similar five programs and no such untoward incidents, as portrayed, had taken place. It is stated that the respondents have no jurisdiction to interfere with the program and dictate the terms of the program.