LAWS(APH)-1997-10-11

M MOHAN BABU Vs. STATE OF ANDHRA PRADESH

Decided On October 01, 1997
M.MOHAN BABU Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This Court's jurisdiction is invoked by the petitioner under Article 226 of the Constitution of India to decide as to where an individual's freedom ends and the State's power begins. This Court is confronted with the duty imposed upon it by the Constitution. The petitioner through his private Secretary submitted an application to the Commissioner of Police, Hyderabad City, Hyderabad, on 16-9-1997 requesting him to grant necessary permission to observe fast on 2/10/1997 at NTR Ghat, Tank-bund, Hyderabad, from 6-30 AM to 8-30 PM (for one day) against political corruption. Similar request is also made on behalf of the petitioner, through another letter, addressed to the Chairman, Hyderabad Urban Development Authority.

(2.) The petitioner in the affidavit filed in support of the writ petition briefly gives his personal back ground and details about his career in the film world and association with late Sri N. T. Rama Rao. It is stated that he has decided to launch a campaign against political corruption and stated to have received support from like minded people from different parts of the country in support of his idea of fighting against corruption in general and political corruption in particular. He claims to have got inspiration from the persons like Anna Hazare of Bombay. In furtherance of the object to gift against political corruption, the petitioner claims to have decided to launch campaign to begin with by observing fast on 2/10/1997 at NTR Ghat, near Tank-bund, Hyderabad from 6-30 AM to 8-30 PM. Such a decision was taken, according to him, as a mark of respect to Mahatma Gandhi, which led the freedom movement through means of non-violence and has chosen NTR Ghat as he has lot of respect for him and claims to have been influenced by his ideas and ideals.

(3.) The representation on behalf of the petitioner was filed on 16-9-1997 seeking necessary permission from the respondents for the reason that NTR Ghat is a public place, even according to the petitioner. The second respondents is the custodian of the place known as NTR Ghat. The writ petition, as filed on 29-9-1997 seeks the relief of declaration of the action of the respondents in not granting permission to the petitioner to enable him to observe fast on 2/10/1997 at NTR Ghat, near Tank Bund, Hyderabad, against political corruption as illegal and arbitrary.