( 1 ) THE petitioner has challenged the impugned order passed by the District Magistrate, Belgaum, debarring him for a period of 15 days from 6 a. m. on 12. 2. 03 to 6 a. m. on 26. 2. 2003. The petitioner is invited to attend a function held under the name `virat Hindu Mela' organised by the Vishwa HIndu Parishath and the Bajarang Dal, on 16. 2. 2003 at 4. 30 p. m. in Belgaum. The District Magistrate, Belgaum, taking cognizance of the visit of the petitioner has passed the impugned order debarring his entry. ( 2 ) SRI V. Y. Kumar, for the State has produced the report of Superintendent of Police and referred to to impugned order at Annexure -A, showing the number of criminal cases of communal violence registered in Belgaum. It is said that on the occasion of `ganesh Festival' on 10. 9. 2002, there was a desecration of temple and mosque, resulting in communal violence. In para-4 of the impugned order, the District Magistrate precisely states that about 19 criminal cases have been registered as against as many as 243 persons relating to the incident. ( 3 ) SRI V. Y. Kumar, has also produced Annexure-C, referred to in Para-4 of the impugned order and the reports published in OUT LOOK, India. com, HINDU, dealing with the coduct of the petitioner in different parts of the country about his critical and hard-line approach on sensitive issues, contended that only yesterday notice is served on him and within 24 hours, the State is not able to collect necessary materials to file the statement of objection in support of the order. Hence, seeks adjournment till Monday i. e. on 17. 2. 2003. ( 4 ) PER contra, Sri. K. M. Nataraj, counsel for the petitioner contended that the object of the petition is to secure the constitutional right of participating in the meeting on 16. 2. 2003 and hearing of the petition any time thereafter would make the cause infructuous. Hence, seeks adjournment till Monday i. e. on 17. 2. 2003. ( 4 ) PER contra, Sri. K. M. Nataraj, counsel for the petitioner contended that the object of the petition is to secure the constitutional right of participating in the meeting on 16. 2. 2003 and hearing of the petition any time thereafter would make the cause infructuous. ( 5 ) IT is pertinent to cull out the reasons set out by the District Magistrate in coming to the opinion to justify his decision of debarring the entry of the petitioner to Belgaum District are extracted hereunder:" The Vishwa Hindu Parishad (VHP) and Bajarang Dal Units of Belgaum District have organized a public meeting on 16-02-2003 at B. K. Model High School grounds between 04 P. M. to 07 P. M. in Belgaum city, which will be addressed by Sri Praveen Togadia, General Secretary, VHP International. A large number of followers of VHP and Bajarang Dal of Belgaum District and neighboring Districts i. e. , Bagalkot, Dharwad, Bijapur, Gadag and Haveri are expected to participate in the said function. It is also reported that the proposed visit of Sri Praveentogadia has created fears in the minds of law abiding general public because of the earlier communal tensions and communal incidents reported after such public meetings by Bajarag Dal unit in various parts of Belgaum District. 2. The District of; Belgaum is considered a communally hyper sensitive district as several communal riots have occurred in the district in the past. The Bajarang Dal became active in this district in the year 2000 and Shiva Sena from 2001. Ever since he emergence of these two organisations, the communal situation has become more fragile. Since the year 2000, several incidents of communal tension, communal incidents and disturbances have been reported from various parts of the district like Examba, Telasang, Karoshi and Chikkodi Town of Chikkodi taluk, Sidhikurbet, Kalloli of Gokak taluk, MK. Hubli, Kittur, Khodanpur of Bailhongal taluk, Munavalli, Karikatti, Hosur of Savadatti taluk, Sulebhavi Marihal of Belgaum taluk, Khanapur town, Bidi of Khanapur taluk and old Gandhi nagar Fulbagh galli, Angol of Belgaum city. It is to be noted that at most of these places the communal tension/disturbances occurred whenever the public meetings and processions were organised by Bajarang Dal. 3. Hubli, Kittur, Khodanpur of Bailhongal taluk, Munavalli, Karikatti, Hosur of Savadatti taluk, Sulebhavi Marihal of Belgaum taluk, Khanapur town, Bidi of Khanapur taluk and old Gandhi nagar Fulbagh galli, Angol of Belgaum city. It is to be noted that at most of these places the communal tension/disturbances occurred whenever the public meetings and processions were organised by Bajarang Dal. 3. The leaders of Bajarang Dal, Sri Pramod Mutalik and Sri Vilas Pawar have been identified as the persons mainly responsible for vitiating the communal situation of the district with their inflammatory and provocative speeches. Externment proceedings u/s 55 KP Act against both of them are pending with the Sub-Divisional Magistrates. 4. Recently during the month of Sep 2002, Belgaum city witnessed communal disturbances for almost a week on account of desecration of an Eidgah and a temple by some miscreants. Some parts of the city were placed under night curfew for three consecutive nights in order to contain the disturbances and bring the situation to normalcy. Totally 19 criminal cases were registered and as many as 243 persons arrested during this period. The incidents of the period - especially the desecration of the religious places - go to show the design of the communal forces to disturb peace and tranquility of Belgaum city at any cost. 5. Dr. Praveen Bhai Mohan Bhai Togadia R/o House No. 50, Vaibhav Bunglow, Part-3, Near Gulab Tower, Sarkhej-Gandhinagar Highway Ahmedabad is a medical practitioner by profession and is the General Secretary of the Vishwa Hindu Parishad International. He is a staunch proponent of the Hindutva ideology and is known for his provocative and inflammatory speeches against the muslims and the Congress party. His speeches during Gujarat elections were so controversial that the Election Commission of India recommended to the Gujarat Govt to ban all such religious processions of the VHP during the period of elections. During one of his elections campaign meeting at Kutch in Gujarat he described Smt. Sonia Gandhi, the leader of opposition party as "italian Dog". This had lead to wide spread protests all over the county by the Congress party workers and at some places clash between the congress and VHP workers also resulted. 6. During one of his elections campaign meeting at Kutch in Gujarat he described Smt. Sonia Gandhi, the leader of opposition party as "italian Dog". This had lead to wide spread protests all over the county by the Congress party workers and at some places clash between the congress and VHP workers also resulted. 6. In spite of the strong protests against his provocative, inflammatory speeches from the learned public through out the country Sri Togadia continued to make many more such speeches using un parlimentary words such as "musharaf ki Aulad" (children of Musharaf) to describe the secularists. He even went to the extent of saying at Indore that it is not necessary for VHP to abide by the Apex Court Judgment on the issue of construction of Ram Temple at Ayodya. 7. In many parts of the country the police have registered complaints against Sri Togadia for making inflammatory statements and showing disrespect to the Constitution of India. He was arrested by the Maharashtra Police in the year 2001 as preventive measure in view of the volatile situation in Malegaon area in Nasik, following riots in the region. In fact, now the Maharashtra State has proposed to ban public meetings of Sri Praveen Togadia in Mumbai and other sensitive places in the State. 8. In Karnataka State also Sri Praveen Togadia has made provocative speeches during the communal Harmony Meet on the occasion of Datta Jayanthi at Chikmagalur recently. His speech created communal tension and affected the peace and tranquility in Chikmagalur and in this connection a case has been registered against him in Chikmagalur Town PS Cr. No. 266/2002 u/s. 143, 504, 153 (A), 295 (A), 124 (A) r/w 149 IPC. 9. Under these prevailing circumstances if the VHP leader Praveen Togadia is allowed to make a public speech on 16-02-2003 at Belgaum there is every likely hood of breach of peace, danger to human life, causing nuisance, causing injury to any person lawfully employed to keep peace and there is likely hood of disturbance of the public tranquility and communal harmony in the district. To avoid the situation on immediate prevention and prohibiting Sri Togadia from entering into the revenue limits of Belgaum District is felt absolutely necessary. To avoid the situation on immediate prevention and prohibiting Sri Togadia from entering into the revenue limits of Belgaum District is felt absolutely necessary. ( 6 ) NO doubt, there might be several instances of communal riots in Belgaum in the past and simmering discontentment brewing at a very low key between the different communities. However, the report shows that the situation in Belgaum City and District is normal and fully under control. The reasons stated by the Magistrate, if read, would not stand legal test to justify the impugned order passed U/s. 144 of Cr. P. C. The District Magistrate has kept in his mind the political consideration and expresses deep concern about the scathing criticism made by the petitioner against the national political party and its leader as one of the causes for passing the impugned order. The contemplated action of the State of Maharashtra to ban the public meeting of the petitioner in Mumbai and in the enter state of Maharashtra on the basis of press reports, is also made a basis. ( 7 ) A reference is also made to provocative public speech made by the petitioner at Chikmagalur on the occasion of Datta Jasyanthi and that a case is registered against him in Cr. No. 266/02 for committing offences punishable under Sections 143, 504, 153 (A), 295 (A), 124 (A) r/w 149 IPC. He further observes that the provocative speech made by the petitioner at Chikmagalur has created communal violence and affected the peace and tranquility of Chikmagalur District. The District Magistrate, also refers to the stand taken by the Election Commission of India, against this petitioner and the ban on religious procession by the VISHWA HINDU PARISHAT during Gujarat elections. In view of the aforesaid culled out instances and in the background of the sensitive communal situation in Belgaum which has a past history of communal riots, opined that it is not desirable to allow the entry of the petitioner in Belgaum between the periods stated above. Obviously, the order affects the petitioner from attending the function. ( 8 ) IN MADHU LIMAYE's CASE, reported in AIR 1971 S. C. C. PAGE 2486 (MADHU LIMAYE AND ANOTHER VERSUS SUB DIVISINAL MAGISTRATE, MONGHYR AND OTHERS), in Para-25 the Supreme Court has laid down the ratio in following words justifying the circumstances under which the order could be passed under Section 144 Cr. ( 8 ) IN MADHU LIMAYE's CASE, reported in AIR 1971 S. C. C. PAGE 2486 (MADHU LIMAYE AND ANOTHER VERSUS SUB DIVISINAL MAGISTRATE, MONGHYR AND OTHERS), in Para-25 the Supreme Court has laid down the ratio in following words justifying the circumstances under which the order could be passed under Section 144 Cr. P. C. "the gist of action under S. 144 is the urgency of the situation its efficacy in the likelihood of being able to prevent some harmful occurrences. As it is possible to act absolutely and even ex-parts it is obvious that the emergency must be sudden and the consequences sufficiently grave. Without it the exercise of power would have no justification. It is not an ordinary power flowing from administration but a power used in a judicial manner and which can stand further judicial scrutiny in the need for the exercise of the power in its efficacy and in the extent of its application. There is no general proposition that an order under Section 144, Criminal Procedure Code cannot be passed without taking evidence: see Mat. Jagrupa Kumari v. Chotay Narain Singh (1936) 37 Cri LJ 95 (Pat) which in our opinion is correct in laying down this proposition. These fundamental facts emerge from the way the occasions for the exercise of the power are mentioned. Disturbances of public tranquility, riots and affray lead to subversion of public order unless they are prevented in time. Nuisances dangerous to human life, health of safety have no doubt to be abated and prevented. We are, however, not concerned with this part of the section and the validity of this part need not be decided here. In so far as the other parts of the Section are concerned the key-note of the power is to free society from menace of serious disturbances of a grave character. The Section is directed against those who attempt to prevent the exercise of legal rights by others or imperil the public safety and health. If that be so the matter must fall within the restrictions which the Constitution itself visualizes as permissible in the interest of public order, or in the interest of the general public. We may say, however, that annoyance must assume sufficiently grave proportions to bring the matter within interests of public order. If that be so the matter must fall within the restrictions which the Constitution itself visualizes as permissible in the interest of public order, or in the interest of the general public. We may say, however, that annoyance must assume sufficiently grave proportions to bring the matter within interests of public order. ( 9 ) IT is submitted by the counsel for the petitioner that, no untoward incident has occurred in Chikmagalur aftermath the alleged derogatory speech of the petitioner, and for political purpose a case in Crl. P. No. 266/02 is registered against the petitioner. ( 10 ) PER contra, Sri V. Y. Kumar, for the state referred to newspaper reports about the speech made at Mangalore and submitted that, it contains full of derogatory and provocative remarks and that there is a violation of the order of the court, passed in Crl. P. No. 238/02. ( 11 ) IT is not proper to form any opinion on the basis of press reports. If at all there is any violation of the court order, the State Authorities can initiate appropriate action in accordance with law. The alleged provocative speech at Chickmagalur has not resulted in any untoward consequences, the social life has been unruffled. The povisions of Section 144 Cr. P. C. , are meant to be used only in grave circumstances for maintenance of public peace. The law does not permit user of Section 144 of Cr. P. C. for any political or extraneous consideration. ( 12 ) IN the light of the legal proposition laid down by the Supreme Court in Madhu Limaye's Case and the reasons offered by the District Magistrate in the impugned order if tested, I feel it falls short of necessary legal justification, and the District Magistrate has blended extraneous considerations with the questions of the peace and tranquility of the society. ( 13 ) THE political opponents and political issues have to be tackled at the hustings on the political platform. The issues and demands voiced by the petitioner and his cohorts are hakneyed demands. Some of them have assumed political dimensions, widely published and telecasted in different sections of media and repeatedly uttered in several public meetings and widely debated and discussed in several general elections. India is a strong and secular democratic republic, debarring stray communal disturbances here and there in the latest history. Some of them have assumed political dimensions, widely published and telecasted in different sections of media and repeatedly uttered in several public meetings and widely debated and discussed in several general elections. India is a strong and secular democratic republic, debarring stray communal disturbances here and there in the latest history. The social life of the country is very amiable. The essential trait of democratic polity is tested by the capacity of endurance of criticism and tolerance of dissent. These two cultured virtues are not merely expected from the political leadership, but it is required from the plebians of the society; with pride we can say the Indian democratic polity has these virtues in abundance. The legal provisions can hardly be an answer to tackle the political issues. " ( 14 ) IN the impugned order I find a glaring discrimination made by the District Magistrate. One Sri. Promod Muthalik referred to in the impugned order is similarly placed like the petitioner. The impugned order debars the petitioner, but however does not clamp any restriction on Promod Muthalik. ( 15 ) IN view of the reasons and discussions made above, I find the order passed by the District Magistrate, Belgaum, falls short of the legal test to sustain in law. Hence, I pass the following order. The impugned order is set aside. It is directed that the petitioner while addressing any public rally in Belgaum shall not indulge in making derogatory remarks against any religion or any community which constitutes an offence u/s. 153 (a) and (b) and 295-A of IPC and which has no tendency of hurting the sentiments of the persons belonging to any religious faith or any community. The petitioner shall not exhort the public in any manner to militate against the noble secular goals which the constitution has set for us. The respondent is at liberty to take any action according to law, if there is any infraction of order or infraction of any provisions of the penal law of the country. Hand delivery of the operative portion of the order be given to Sri K. M. Nataraj, Counsel for the petitioner and Sri V. Y. Kumar, HCGP. --- *** --- .