SATYAYUG PARTY Vs. GOVT OF ANDHRA PRADESH

JUDGEMENT

(1.) "Satyayug Party", a political party duly registered with the Election Commission of India, through its President, and its General Secretary have filed this Writ Petition questioning an order dated 3-8-1995 passed by the Commissioner of Police, Hyderabad, the second respondent herein, imposing certain restrictions on the campaigning activities of the party as arbitrary, illegal and violative of Articles 14, 19(I)(a) and (b) of the Constitution, With a view to propagate its ideals and principles, Satyayug party wanted to organise a campaign in the twin cities of Hyderabad and Secunderabad in the month of August, 1995 and for that purpose the first petitioner made an application to the second respondent on 1-8-1995 requesting for permission to take out a campaign from 3-8-1995 to 30-8-1995 with the following 7 items; (1) A group consisting of 5 (five) persons. (2) Carrying Placards and Party Flags. (3) Using one Megaphone with Batteries. (4) Speaking and walking in the streets (no vehicle is used). (5) Using of Party Campaign Audio Cassettes. (6) Timings 7 a.m. to 10 p.m. (7) Campaign period from 3-8-1995 to 30-8-1995.

(2.) By the impugned order dated 3-8-1995, the second respondent accorded permission to the first petitioner to undertake the campaign during the said period between 7 a.m. to 9 p.m. only subject to the following conditions: (1) No mike should be used during the campaign. (2) No Audio cassettes should be played. (3) Campaign should be stopped by 9 a.m. sharp. This order is challenged by the petitioner on the ground that it places unreasonable restrictions on their fundamental right to freedom of speech and expression and to assemble peaceably and without arms guaranteed under Article 19(1)(a) and (b) of the Constitution. It is urged that restricting the time of the campaign between 7 a.m. to 9 p.m. only and prohibiting the use of megaphone and playing of audio cassettes altogether during the campaign is highly arbitrary and unreasonable. The megaphone, which is intended to be used during the campaign, is of M.P. 71 Model with 10 watts power output only as against the normal stereo which is of 80 watts and that the use of megaphone is essential as the group of five people cannot shout collectively or independently to catch the ear of the public. It is further stated that restricting the timings between 7 a.m. and 9 a.m. is not only unreasonable and arbitrary but is also discriminatory as the second respondent has been permitting other parties to take out processions even during peak hours. It is also stated that the Satyayug party intends to contest the forthcoming elections to the Lok Sabha and unless the petitioners are permitted to freely campaign and propagate the ideals and programmes of their party, they will be put to grave prejudice and irreparable loss.

(3.) In the counter-affidavit filed on behalf of the respondents, the allegations made by the petitioners are refuted and it is asserted that the conditions imposed in the impugned order are very reasonable and in accordance with the provisions of Section 22 of the Hyderabad City Police Act 1348 Fasli and the Hyderabad City Loud-Speakers (Regulations of use) and Licensing Rules, 1963. It is also stated in the counter-affidavit that the said conditions are imposed in order to avoid inconvenience to the general public as well as to facilitate the movement of the traffic on the roads and streets during the peak hours. It is further stated that the city of Hyderabad is facing lot of traffic problems and any use of megaphones and audio cassettes etc., will attract the people on the streets and it is likely to cause congestion on the roads and it will be very difficult to monitor the traffic regulations. It is also submitted that the petitioners have no fundamental right to use megaphones and that the restrictions imposed are in accordance with law and in the interest of general public and they do not affect the rights of the petitioners and that the writ petition is liable to be dismissed.