REGENT COMPUTRONICS PVT. LTD.

Kaka Ramakrishna Appellant

V/S

STATE OF ANDHRA PRADESH Respondents

Referred Judgements :-

EMPEROR VS. QUASIM RAZA. [REFERRED TO]
STATE OF MADRAS VS. V.G.ROW [REFERRED TO]
NAACP V. BUTTON). [REFERRED TO]
KARTAR SINGH VS. STATE OF PUNJAB [REFERRED TO]
MAZDOOR KISAN SHAKTI SANGATHAN CASE (5 SUPRA),AMIT SAHNI (SHAHEEN BAGH [REFERRED TO]
BABULAL PARATE VS. STATE OF MAHARASHTRA [REFERRED TO]
KHARAK SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
STATE OF MYSORE VS. H SANJEEVIAH [REFERRED TO]
RAILWAY BOARD REPRESENTING THE UNION OF INDIA VS. NIRANJAN SINGH [REFERRED TO]
MAKESHWAR NATH SRIVASTAVA VS. STATE OF BIHAR [REFERRED TO]
HIMAT LAL K SHAH VS. COMMISSIONER OF POLICE AHMEDABAD [REFERRED TO]
STATE OF BIHAR VS. J A C SALDANHA:J A C SALDANHA [REFERRED TO]
STATE OF RAJASTHAN VS. PRAKASH CHAND [REFERRED TO]
VINEETNARAIN VS. UNION OF INDIA [REFERRED TO]
M R F LIMITED VS. INSPECTOR KERALA GOVT [REFERRED TO]
OM KUMAR VS. UNION OF INDIA [REFERRED TO]
RUPA ASHOK HURRA VS. ASHOK HURRA [REFERRED TO]
RAMILA MAIDAN INCIDENT VS. HOME SECRETARY UNION OF INDIA [REFERRED TO]
MODERN DENTAL COLLEGE AND RESEARCH CENTRE VS. STATE OF MADHYA PRADESH [REFERRED TO]
CAMPAIGN FOR JUDICIAL ACCOUNTABILITY AND REFORMS VS. UNION OF INDIA AND ANOTHER [REFERRED TO]
ASOK PANDE VS. SUPREME COURT OF INDIA THR ITS REGISTRAR [REFERRED TO]
MAZDOOR KISAN SHAKTI SANGATHAN VS. UNION OF INDIA [REFERRED TO]
INDIBILITY CREATIVE PVT LTD AND OTHERS VS. GOVT OF WEST BENGAL AND OTHERS [REFERRED TO]
ANURADHA BHASIN VS. UNION OF INDIA [REFERRED TO]
INTERNET AND MOBILE ASSOCIATION OF INDIA VS. RESERVE BANK OF INDIA [REFERRED TO]
AMIT SAHNI VS. COMMISSIONER OF POLICE [REFERRED TO]

JUDGEMENT

(1.) This Court has heard Sri Raju Ramachandran, Learned senior counsel, Sri Siddharth Luthra, Learned Senior Counsel, Sri T. Sreedhar, Learned Senior Counsel, Sri Ravi Shankar Jandhyala, Learned Senior Counsel and Sri Javvaji Sarath Chandra, learned counsel in this batch of matters. This Court has heard the learned Advocate General for the respondents.

(2.) The challenge in all these matters is to G.O.Rt.No.1, Home (Legal.II) Department, dtd. 2/1/2023, by which the Government of Andhra Pradesh sought to regulate public meetings / assembly on roads, road sides and margins. Directions were issued under the Police Act, 1961 in this G.O. All the writ petitioners have challenged the said G.O.

(3.) Sri Raju Ramachandran, learned senior counsel, took the lead in arguing the matters. He made his submissions in W.P.(PIL) No.5 of 2023. According to him Right to Free Speech is a Fundamental Right, which cannot be totally curtailed and can only be subject to reasonable restrictions as per the provisions contained in Article 19 of the Constitution of India. Learned senior counsel submits that the effect of this G.O. is to virtually ban the public meetings on roads, road margins etc. He states that democracy and dissent go hand in hand and the purpose of these public meetings is to propagate ideas, thoughts etc., among the public and also to bring out the failures etc., of the powers that be. He also points out that under the Police Act on the basis of which the impugned G.O. is issued the State can only regulate the conduct of meetings, but cannot ban the same altogether. He submits that the contents of the G.O. amount to a stifling of the voice of the opposition and other political parties and imposes a virtual ban on meetings in public places and roads in particular. It is his submission that the said G.O. is utter violation of Article 19(1)(a) and (1)(b) of the Constitution of India. He relies upon on the following decisions among others:

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KAKA RAMAKRISHNA Vs. STATE OF ANDHRA PRADESH

Referred Judgements :-

JUDGEMENT

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