DAXIN GUJARAT MURTIKAR SANGATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both the present petitions are filed by the petitioners under Articles 14, 19, 21 and 226 of the Constitution of India as well as for challenging the notifications under sec. 144 of the Criminal Procedure Code dated 21.6.2016 and 20.7.2016, on the grounds stated in the memo of petitions.

(2.) Heard learned counsel Shri BC Dave as well as learned counsel Shri Bhushan Oza appearing for the petitioners and learned Government Pleader Ms. Manisha Lavkumar Shah appearing with learned AGP Shri Amit Barot as well as learned AGP Shri VR Jani.

(3.) Learned counsel Shri Dave referred to the notification and submitted that the Jt. Commissioner of Police has issued the notification which is exceeding the jurisdiction and the power. He emphasised that the provisions of sec. 144 of CrPC for issuance of such notification is for 2 months whereas it is for more than 2 months exceeding the duration. He also submitted that the right of the petitioners is also violated and successive issuance of such notification may not be permitted. In support of his submission has referred to and relied upon the observations made by Hon'ble Apex Court in a judgment reported in (1983) 4 SCC 522 in the case of Acharya Jagdishwaranand Avadhuta and ors. v. Commissioner of Police, Calcutta and anr. He also submitted that it affects the rights of the petitioner to carry on trade or business as the making of such idols with plaster of paris (PoP) or clay making it limited qua the height cannot be prohibited or restricted. He submitted that if such restrictions are imposed, it could affect their fundamental right and he also referred to the judgment of the co -ordinate bench of the High Court (Coram: Abhilasha Kumari, J.) in Special Civil Application No. 6750 of 2011 dated 25.8.2011 and referred to the observations made therein and submitted that the present petition may be allowed.