Karnataka High Court permits Hindu Jagarana Vedike’s Mysuru torchlight procession on Independence Day eve

The Karnataka High Court on Friday permitted the Hindu Jagarana Vedike to conduct its ‘Akhanda Bharata Sankalpa Dina’ torchlight procession in Mysuru on the eve of Independence Day [Hindu Jagrana Vedike & another vs The Commissioner of Police & another].

Justice Suraj Govindaraj, however, made it clear that the procession's organisers would be held responsible if any untoward incident takes place during the march.

The Court has directed the police to provide necessary security for the procession from RMC Ganesha Temple to Dodda Gadiyara Circle, which will commence at 5:30 PM and conclude at 7:30 PM on August 14.

The Court passed the order after rejecting the State's argument that there is possibility of unlawful incidents arising during the march since some of the programme's organisers had a history of anti-social activities and have criminal cases pending against them.

The Court opined that this cannot be a ground to prevent them from participating in Independence Day celebrations.

"The last submission made by Sri Additional Advocate General is that some of the organising members there are FIRs which have been registered and chargesheets filed, and there may be a possibility of them involving in unlawful activities and or activities which could disturb the public peace. Merely because proceedings have been filed against certain persons where chargesheets have been filed, it does not mean that those persons cannot be allowed to participate in the Independence day celebrations," the Court held.

However, the Court clarified that its order did not permit any stage programme. The organisers can hold a stage programme only if they obtain the necessary permission from the competent authorities.

The Court also made it clear that the undertaking given by the organisers would have consequences if anything untoward occurred during the procession.

"If anything goes wrong, you are responsible for it," the Bench cautioned.

Notably on August 12, the petitioners had filed a memo furnishing the names of nine organisers who would be responsible for conducting the procession peacefully. Aadhaar cards of the organisers were also enclosed.

Yesterday, the Court had pulled up the Hindu Jagarana Vedike (petitioner) for putting up hoardings announcing the march even before the Court had decided on its plea for permission.

This aspect was raised in today's hearing as well. Additional Advocate General Bhanu Prakash, representing the State, submitted that these hoardings had not been removed even today.

Addressing the petitioner-organisation's counsel, the Court said,

"You are not in control of your people. Then how will you be in control of this procession?" the Court asked.

The Bench further observed that the organisers could not later shift responsibility to others if any untoward incident occurred.

"You are taking the risk of everything. Tomorrow you cannot say they did, these people did," the Court said.

Senior Advocate M Aruna Shyam, appearing for the Hindu Jagarana Vedike, however, submitted that the hoardings and banners had been put up by third parties and not by the organisers.

He assured the Court that the petitioners would abide by reasonable conditions imposed by the Bench and take responsibility for the peaceful conduct of the procession.

"It is my fundamental right to celebrate Independence Day. I am completely in the hands of this Court," he submitted, adding that maintenance of law and order was the responsibility of the State.

The Court also addressed certain apprehensions raised by the State regarding the proposed route of the march. The State had suggested an alternative route, since the proposed route had hospitals. The march could affect the movement of ambulances and traffic, the State's counsel said.

The Court noted that the procession would involve only around 100 persons and would cover approximately four kilometres. It observed that if the participants moved in an orderly manner along the proposed route, with around five persons in each row, sufficient space would remain on the road for the movement of vehicles.

The Bench also noted that the procession was a moving event and would not remain stationary at any particular location. Therefore, any impact on traffic would be spread over the four-kilometre route and over a period of time.

The Court, therefore, quashed the police decision to reject permission for the event. It proceeded to allow the Hindu Jagarana Vedike's plea seeking permission for its march, observing that no one should be prevented from celebrating Independence Day.