A U AZMI Vs. LT GOVERNOR OF DELHI

JUDGEMENT

(1.) Mr. A.U. Azmi is an ex-member of Parliament and resident of Abul Fazal Enclave, New Delhi. He has come to this court claiming that he is filing this petition for the sake of peace and communal harmony in the country.

(2.) Mr. Madan Lal Khurana, respondent No.4, is a Member of Parliament belonging to the Bhartiya Janata Party. Respondents 5 to 8 are stated to be the office bearers of the said political party.

(3.) Mr.Azmi says that posters and pamphlets issued by the Bhartiya Janata Party show that Mr.Madan Lal Khurana is organising a rally of several thousand members of the B.J.P.who may march from Hans Raj Sethi Park, Kalkaji to Okhla Zone. The rally and the march is scheduled for Thursday the 21st January 1993. According to the petitioner if the respondent are not restrained from holding the rally there would be imminent apprehension of breach of peace and danger of communal disturbance. Respondetu No.1. is the Lt.Governor. Respondent No.2 is the Commissioner of Police and respondent No.3 is the Deputy Commissioner of Police, South District. The petitioner has sought directions against the police authorities to restrain the holding and organising of the rally on 21st January 1993. According to the petitioner as the proposed rally is bound to disturb tranquility and, peace and as the police authorities are duty bound to prevent the holding of any kind of communal rally which may create and inflame communal passions leading to breach of peace, a writ of mandamus be issued against the respondents 2 and 3 to restrain respondents 4 to 8 forthwith from organising the proposed rally from Kalkaji to Okhla. Further prayer in the petition is that respondents 2 and 3. should be directed to take legal action against respondents 4 to 8 preventing them from organising any kind of rallies in any part of the Union Territory of Delhi which may disturb the peace.