If anything happens, you are responsible: Karnataka HC to Hindu Jagarana Vedike in plea to hold rally in Mysuru

According to the petition, the torchlight march is a secular and patriotic event intended to promote nationalism and commemorate historical events preceding Independence.
Karnataka High Court
Karnataka High Court
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The Karnataka High Court on Tuesday orally told Hindu Jagarana Vedike that it would hold the organisers completely responsible for any untoward incident during the proposed Akhanda Bharatha Sankalpa Dina event in Mysuru on August 14.

Justice Suraj Govindaraj directed the petitioners to provide the names of persons who would be responsible for the event.

“Anything that happens, you will be completely responsible. Please give us the names of people who will be responsible for everything. We will impose that responsibility. No defence will be allowed. Strict liability,” the Court orally observed.

Justice Suraj Govindaraj
Justice Suraj Govindaraj

The Bench indicated that while the petitioner could hold a function at one location, the proposed march covering around 2.5 kilometres could not be permitted at the proposed time without the authorities addressing the law-and-order concerns.

“So far as Independence Day is concerned, it can't hurt anybody. You (petitioner) will be responsible. Please give us the names of people who will be responsible for everything, anything that happens. You will be completely responsible,” the Court said.

The march, to be held on August 15, will commence from RMC Ganesha Temple and proceed through Mission Hospital Circle, Sade Road, Meena Bazaar, CCB Police Station Circle, Lashkar Police Station Circle and Dodd Gadiyara Circle, before concluding with a stage programme at Kote Anjaneya Temple.

Appearing for the petitioner, Senior Advocate M Arun Shyam challenged the police endorsement that refused permission on the grounds of law-and-order concerns. He contended that there was no material to suggest that the proposed event would create any such problem.

Shyam submitted that the programme would be a peaceful demonstration and that similar events had been permitted at several other places.

“It is a secular event. It will not hurt any sentiments. We will take precautions. We will take responsibility and give the list of organisers. We will also give an undertaking,” Shyam submitted.

The petitioners further submitted that similar programmes had been conducted peacefully in Mysuru in previous years and that the proposed march would cover only about 2.5 kilometres and would be completed within an hour.

Senior Advocate Aruna M Shyam
Senior Advocate Aruna M Shyam

The State, however, opposed immediate relief.

Additional Advocate General (AAG) Bhanu Prakash submitted that the petition had been filed only on Monday and that the State required a day's time to obtain complete instructions. He submitted that the proposed location was considered sensitive from the law-and-order perspective and claimed that there had been issues in the area over the past four years.

The AAG also referred to the alleged history of cases involving the petitioner and submitted that the proposed location was among the most sensitive areas in Mysuru.

The Court recorded that the AAG had accepted notice on behalf of the Mysuru City Police Commissioner, while the Mandi Police Inspector sought a day's time.

The matter has been posted for Wednesday.

According to the petition, the torchlight march is a secular and patriotic event intended to promote nationalism and commemorate historical events preceding Independence.

The petitioners have contended that the police refused permission on August 6 by citing vague reasons and without placing any credible material to establish that the proposed event would create a law-and-order problem.

The petitioners have pointed out that similar programmes were conducted peacefully at Siddhartha Nagara and Kythamaranahalli in Mysuru on August 8 and 9 respectively.

They have sought quashing of the August 6 police endorsement and permission to conduct the torchlight march and stage programme.

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