TELANGANA DEMOCRATIC FORUM Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner M/s. Telangana Democratic Forum, rep. by its Convenor Sri Chikkudu Prabhakar, filed the Writ Petition against five respondents viz. State of Telangana, rep. by the Principal Secretary to the Home Department, the Director General of Police, Hyderabad for the State of Telangana, the Commissioner of Police, Warangal City, Warangal, the Assistant Commissioner of Police, Warangal City, Matwada, Warangal and the Inspector of Police, Matwada, Warangal. The prayer in the Writ Petition is to declare the action of the fourth respondent in issuing orders of cancellation of the rally and mike permission of the open meeting in C.No.442/MP/ACP-WRL/2016, dated 21.05.2016, against the earlier order granting permission in C.No.432/MP/ACP-WRL/2016, dated 14.05.2016, as illegal, arbitrary, unlawful, discriminatory and unconstitutional and to pass such other just orders.

(2.) The factual background shows the petitioner organization is headed by the Convenors Justice Chandra Kumar, Jaini Mallaya Gupta, Prof.Haragopal, Sri Bojjatarakam, Sri K.R.Chowdhary, Sri Narayana Rao, Sri Chikkudu Prabhakar (writ petitioner representing Telangana Democratic Forum), Sri Gurajala Ravinder, Sri B.Ravindranath, Smt.Kathyayini Vidmahe, Sri Bandi Durga Prasad, Sri Ramanala Lakshmayya, Prof.Visweswara Rao, Sri K.Y.Ratnam and Sri Kota Srinivas. It is on the letter head with the names of the organizers supra of the petitioner-organization, for short TDF, by letter dated 13.05.2016, addressed the fourth respondent i.e., the Assistant Commissioner of Police, Warangal Town, to accord permission for mike and rally and for open meeting going to be held in Islamia College premises of Warangal city on 24.05.2016, between 04.00 p.m. to 10.00 p.m. The contents of the letter signed by Sri Chikkudu Prabhakar reads that he is the practicing advocate in the High Court at Hyderabad and is working as Convenor of the Telangana Democratic Forum (TDF) and is working for the protection of democratic and fundamental rights of Adivases, Daliths and Minority people. In this context, they are going to conduct rally and open meeting at Islamia College grounds, Warangal on 24.05.2016 and two thousand people are expected to come to participate in the meeting and therefore requested to grant mike permission and for open meeting and for rally, that would be started by 04.00 p.m. from Pochamma Maidan to Islamia College which is the venue of the meeting and with challan for Rs.100/- dated 13.05.2016 the application was moved. The permission was accorded on the next day i.e. on 14.05.2016 by the fourth respondent-Assistant Commissioner of Police, Warangal, vide C.No.432/MP/ACP-WRL/2016 to the Advocate Sri Ch.Prabhakar for organizing the rally from Pochamma Maidan to Islamia College grounds on 24.05.2016 between 1600 hrs. to 1700 hrs. and to conduct the meeting between 1700 hrs. to 2200 hrs. in the Islamiya College Grounds, Warangal with the following conditions:

(3.) According to the petitioner, after the arrangements were made for conducting the meeting as scheduled followed by rally to the venue, all of a sudden, the fourth respondent issued cancellation proceedings dated 21.05.2016 in C.No.442/MP/ACP-WRL/2016, which is the impugned order. The order reads that on requisition of TDF represented by Sri.Chikkudu Prabhakar, permission was accorded on 14.05.2016. However, in the course of time the evolution of TDF and its intentions came to light through the seized documents from Bolelang EOF (Exchange of Fire) which occurred on 01.03.2016 and on analyzing the document of the CPI (M), it is to understand that the formation of TDF itself was on the directions of the outlaid CPI (M) leaders. TDF was the outcome of the amalgamation of all the frontal organization of the CPI (M). It is also noticed that the leaders of the TDF are portraying the eminent personalities in the forefront and propagating the TDP meeting by organizing press meets in various districts and releasing wall posters and pamphlets depicting the State and Central Government as villains, thereby poisoning the minds of innocent Adivasis. The order further reads in their wall posters and pamphlets they are attributing each and every EOFs between security forces and outlaid CPI (M) as fake and fictitious and thereby inciting the poor and innocent minds of poor people to fight against the Government in the guise of protecting their democratic rights. Reliable inputs also indicate that the Maoist cadre including arm cadre would participate in the meeting and incite violence targeting political executives and police officers. Inputs also indicate that there is no agenda in organizing meeting, except implementing the hidden agenda of CPI (M) to revive violence which they used to do earlier and revive the movement in Telangana State. The main intention behind organizing the TDF meeting is to implement the hidden agenda of the CPI (M) to strengthen and activate the mass basis, which is one of the arm of the banned CPI (M) organization. Further, on enquiry with Islamiya College authorities, it is ascertained that the authorities have cancelled the permission to hold meeting by the Telangana Democratic Forum on 24.05.2016 vide cancellation letter Rc.No.IES/05/Ground/2016, dated 20.05.2016 of Secretary Islamiya Education Society, Warangal at Islamiya College Ground, Warangal and a copy was sent to the Assistant Commissioner of Police for further information.