Research › Search › Judgment

Gujarat High Court · body

2014 DIGILAW 575 (GUJ)

BHARAT SWABHIMAN (NYAS) v. STATE OF GUJARAT

2014-04-25

M.R.SHAH, R.P.DHOLARIA

body2014
JUDGMENT : M.R. SHAH, J. [1.0] As common question of law and facts arise in both these petitions, they are disposed of by this common judgment and order. [1.1] RULE. Shri Biren Vaishnav, learned advocate waives service of notice of Rule on behalf of respondent No.2 in each of the petitions and Shri Dhawan Jayswal, learned AGP waives service of notice of Rule on behalf of respondent Nos.1, 3 and 4. In the facts and circumstances of the case and with the consent of learned advocate appearing on behalf of respective parties, present petitions are taken up for final hearing today. [2.0] Special Civil Application No.6029/2014 has been preferred by the petitioner Bharat Swabhiman (Nyas) Gujarat for the following reliefs. “(7)(A) Your Lordships may be pleased to issue an appropriate writ, order or direction to quash and set aside the letter/order at AnnexureD dated 22.4.2014 issued by the Police Inspector (Administration) Special Branch, Ahmedabad City by order of Joint Commissioner of Police (Special Branch) addressed to respondent No.4 and copy marked to the petitioner herein; (B) Your Lordships may be pleased to issue an appropriate writ, order or direction to the effect that the petitioner trust may not be restrained from holding Yog Shibir on 27.4.2014 pursuant to permission granted vide order dated 19.4.2014 at AnnexureC and other ancillary permissions granted thereto; (C) Pending admission, hearing and final disposal of the present petition, Your Lordships may be pleased to stay implementation, execution and operation of the letter/order at AnnexureD dated 22.4.2014 issued by the Police Inspector (Administration) Special Branch, Ahmedabad City by order of Joint Commissioner of Police (Special Branch) addressed to respondent No.4 and copy marked to the petitioner herein; (D) Pending admission, hearing and final disposal of the present petition, Your Lordships may be pleased to not to restrained the petitioner trust from using loudspeaker for campaigning of Yog Shibir in the vehicle mentioned in the permission granted vide order dated 19.4.2014 at AnnexureC;” [2.1] Special Civil Application No.6091/2014 has been preferred by the petitioner President of Bharat Swabhiman Trust for the following reliefs. “(7)(A) Your Lordships may be pleased to issue an appropriate writ, order or direction to quash and set aside the letter/order at AnnexureD dated 22.4.2014 issued by the Police Commissioner (Administration) Special Branch, Vadodara by order of Assistant Commissioner of Police (Special Branch) addressed to the petitioner herein; (B) Your Lordships may be pleased to issue an appropriate writ, order or direction to the effect that the petitioner trust may not be restrained from holding Yog Shibir on 26.4.2014 pursuant to permission granted vide order dated 19.4.2014 at AnnexureC and other ancillary permissions granted thereto; (C) Pending admission, hearing and final disposal of the present petition, Your Lordships may be pleased to stay implementation, execution and operation of the letter/order at AnnexureD dated 22.4.2014 issued by the Police Commissioner (Administration) Special Branch, Vadodara by order of Assistant Commissioner of Police (Special Branch) addressed to the petitioner herein; (D) Pending admission, hearing and final disposal of the present petition, Your Lordships may be pleased to not to restrain the petitioner trust from using loudspeaker for campaigning of Yog Shibir in the vehicle mentioned in the permission granted vide order dated 19.4.2014 at AnnexureC;” [3.0] It appears that the respective petitioners proposed to organize the Free Yog Shibir at Vadodara on 26.04.2014 and at Ahmedabad on 27.04.2014 to be presided over and/or conducted by Shri Baba Ramdev. The respective petitioners applied for the requisite permissions which in fact were granted by the concerned police authorities at Vadodara as well as Ahmedabad. However, by impugned communications and apprehending that there is all possibility of violation of the Code of Conduct and/or the apprehension mentioned in the order if Free Yog Shibir arer permitted to be held, the permissions which were granted earlier have been cancelled, which have given rise to the present special civil applications. [4.0] Shri Vijay Patel, learned advocate appearing on behalf of the respective petitioners has submitted that as such the apprehension on the basis of which the impugned orders cancelling the permissions have been passed is not wellfounded. It is submitted that as such there is no likelihood of any breach of Code of Conduct if the petitioners are permitted to organize and hold the Free Yog Shibirs at Vadodara and Ahmedabad. It is further submitted that as such all the arrangements are made for holding the Yog Shibirs. It is submitted that as such there is no likelihood of any breach of Code of Conduct if the petitioners are permitted to organize and hold the Free Yog Shibirs at Vadodara and Ahmedabad. It is further submitted that as such all the arrangements are made for holding the Yog Shibirs. It is submitted that having granted the permissions for all the Yog Shibirs, at the last moment the concerned respondents are not justified in withdrawing / cancelling the permissions. Shri Patel, learned advocate appearing on behalf of the petitioners has heavily relied upon the decision of the Karnataka High Court dated 11.04.2014 passed in Writ Petition No.17995/2014 by which in the similar set of facts and circumstances and on imposing the conditions the petitioner Trust was permitted to organize and hold the Yog Shibir. [4.1] Shri Patel, learned advocate appearing on behalf of the respective petitioners has submitted that as such the petitioners on their behalf as well as on behalf of the Trust and even Shri Baba Ramdev are ready and willing to give undertaking as under: 1. That in the Yog Shibir arranged by the petitioner on 27/04/2014 at Shivam Water Supply Ground, Parasnagar, Opp AEC Cross Roads, Naranpura, Ahmedabad, wherein 15000 to 20000 persons are likely to participate, no political speeches would be delivered and also no political persons will be invited or allowed to participate in Free Yog Shibir. 2. That whole programme will be strictly restricted to Yoga related activities only. 3. That no direct or indirect statements shall be made which are directly or indirectly refers to any political parties or candidates and are directly or indirectly beneficial or harmful for/to any political party. 4. That in this programme, no one shall be permitted to carry with him any campaigning material of any political party or candidate or identify himself in light of his political affiliation and/or permitted to display any banners/posters of any political party. 5. That organizers, participants or preceptors will not wear clothes and/or will not permit any participant to wear clothes and/or any material in any form bearing symbols or slogans that can relate to direct or indirect campaigning of any political party of candidate. 6. That it shall be responsibility of the organizers as well as preceptors to observe the Model Code of Conduct in its true letter and spirit. 7. 6. That it shall be responsibility of the organizers as well as preceptors to observe the Model Code of Conduct in its true letter and spirit. 7. That videography of entire event shall be carried by the petitioner trust as well as local election authority and such recorded video shall be submitted to the Commissioner of Police, Vadodara and Commissioner of Police, Ahmedabad within 24 hours of completion of the programme. 8. To submit the details of expenditure incurred for the conduct of the Free Yog Shibir to the Commissioner of Police, Vadodara and Ahmedabad and to ensure that no political party shall take advantage of the Free Yog Shibir for their personal interest. 9. That if any violation of above mentioned conditions comes to the notice of the authorities, the programme shall be stopped immediately. 10. That no person will induce or attempt to induce a candidate or an elector to believe that he, or any person in whom he is interested will become or will be rendered an object of divine displeasure or spiritual censure. 11. That the rally to be held on 25.04.2014 between 16.00 hrs to 18.00 hrs is cancelled by the petitioner trust. It is submitted that as such separate undertakings are filed in both the petitions as stated hereinabove and therefore on imposing suitable conditions as mentioned hereinabove, the petitioners may be permitted to hold the Free Yog Shibirs on 26.04.2014 at Vadodara and on 27.04.2014 at Ahmedabad as scheduled. [4.2] Shri Patel, learned advocate appearing on behalf of the respective petitioners has stated at the Bar that two separate undertakings by the petitioners on their behalf as well as on behalf of the Trust have been filed today and the similar undertaking affirmed by Shri Baba Ramdev shall be filed and the original of the same shall be given / produced tomorrow at 3 pm before the Commissioner of Police, Vadodara and in the evening before 8 pm on 26.04.2014 before the Commissioner of Police, Ahmedabad. It is submitted that on imposing the aforesaid conditions and filing the aforesaid undertakings, the petitioners may be permitted to organize and hold the Free Yog Shibir at Vadodara and Ahmedabad scheduled on 26.04.2014 and 27.04.2014 respectively. It is submitted that on imposing the aforesaid conditions and filing the aforesaid undertakings, the petitioners may be permitted to organize and hold the Free Yog Shibir at Vadodara and Ahmedabad scheduled on 26.04.2014 and 27.04.2014 respectively. Shri Patel, learned advocate appearing on behalf of the petitioner of Special Civil Application No.6091/2014 has also stated at the Bar that Shobha Yatra / Rally which was scheduled today is cancelled and their shall not be any Shobha Yatra and/or Rally scheduled today. [5.0] That as such initially the present petitions are opposed by all the concerned respondents and separate affidavit in replies have been filed on behalf of the respondent No.2 as well as respondent Nos.1, 3 and 4 opposing the present petitions. However, Shri Percy Kavina, learned Counsel appearing with Shri Biren Vaishnav, learned advocate appearing on behalf of the respondent No.2 and Shri Dhawan Jayswal, learned AGP appearing on behalf of respondent Nos.1, 3 and 4 have stated that if suitable conditions are imposed as mentioned in the undertakings filed by the petitioners for and on their behalf as well as on behalf of the Trust and they are permitted to hold Free Yog Shibirs at Vadodara and Ahmedabad scheduled to be held on 26.04.2014 and 27.04.2014 respectively, in that case, the apprehension on the part of the concerned respondents will be taken care of and therefore, it is requested to pass appropriate order permitting the respective petitioners to organize/hold Free Yog Shibirs at Vadodara and Ahmedabad scheduled to be held on 26.04.2014 and 27.04.2014 respectively, on the conditions mentioned in the undertakings filed by the petitioners. He has requested that the concerned petitioner / Trust shall be permitted to organize or hold the Free Yog Shibirs at Vadodara and Ahmedabad only on furnishing necessary undertakings by the petitioners as well as Shri Baba Ramdev to be given to the concerned Commissioner of Police well in advance with a copy to the concerned District Election Officer. [6.0] Heard learned advocates appearing on behalf of respective parties at length. It is not in dispute that initially the respective petitioners were granted the permission by the concerned police authorities permitting them to hold/organize the Free Yog Shibirs at Vadodara and Ahmedabad on 26.04.2014 and 27.04.2014 respectively. [6.0] Heard learned advocates appearing on behalf of respective parties at length. It is not in dispute that initially the respective petitioners were granted the permission by the concerned police authorities permitting them to hold/organize the Free Yog Shibirs at Vadodara and Ahmedabad on 26.04.2014 and 27.04.2014 respectively. However, on the complaints made by some political parties apprehending that the said Free Yog Shibirs may be misused and/or disadvantage of the same can be taken by a political party and/or there is likelihood of breach of Model Code of Conduct, by impugned orders the concerned police authorities have withdrawn/cancelled the permissions granted in favour of the petitioners. The concerned petitioners have filed undertakings which shall be reproduced hereinafter and they have agreed that if on said conditions they are permitted to organize/hold the Free Yog Shibirs, there may not be any cause for the concerned respondents to withdraw/cancel the permissions as any apprehension on the part of the concerned respondents shall be taken care of on imposing the conditions as mentioned in the undertakings filed by the respective petitioner and to be filed by Shri Baba Ramdev. The respective petitioners have filed the separate undertakings in both the petitions. An undertaking is filed and affirmed by one Shri Prabhashankar Somnath Gor, the Secretary of the petitioner Trust in Special Civil Application No.6029/2014 and by one Shri Prahladbhai Koyabhai Pandit, the President of petitioner Trust of Vadodara Unit in Special Civil Application No.6091/2014 and the said undertakings are filed on their behalf as well as on behalf of the Trust – Bharat Swabhiman (Nyas) Trust. By the aforesaid undertakings they have undertaken to abide by as under: 1. That in the Yog Shibir arranged by the petitioner on 27/04/2014 at Shivam Water Supply Ground, Parasnagar, Opp AEC Cross Roads, Naranpura, Ahmedabad, wherein 15000 to 20000 persons are likely to participate, no political speeches would be delivered and also no political persons will be invited or allowed to participate in Free Yog Shibir. 2. That whole programme will be strictly restricted to Yoga related activities only. 3. That no direct or indirect statements shall be made which are directly or indirectly refers to any political parties or candidates and are directly or indirectly beneficial or harmful for/to any political party. 4. 2. That whole programme will be strictly restricted to Yoga related activities only. 3. That no direct or indirect statements shall be made which are directly or indirectly refers to any political parties or candidates and are directly or indirectly beneficial or harmful for/to any political party. 4. That in this programme, no one shall be permitted to carry with him any campaigning material of any political party or candidate or identify himself in light of his political affiliation and/or permitted to display any banners/posters of any political party. 5. That organizers, participants or preceptors will not wear clothes and/or will not permit any participant to wear clothes and/or any material in any form bearing symbols or slogans that can relate to direct or indirect campaigning of any political party of candidate. 6. That it shall be responsibility of the organizers as well as preceptors to observe the Model Code of Conduct in its true letter and spirit. 7. That videography of entire event shall be carried by the petitioner trust as well as local election authority and such recorded video shall be submitted by the respective petitioners to the Commissioner of Police, Vadodara and Commissioner of Police, Ahmedabad within 24 hours of completion of the programme. 8. To submit the details of expenditure incurred for the conduct of the Free Yog Shibir to the Commissioner of Police, Vadodara and Ahmedabad and to ensure that no political party shall take advantage of the Free Yog Shibir for their personal interest. 9. That if any violation of above mentioned conditions comes to the notice of the authorities, the programme shall be stopped immediately. 10. That no person will induce or attempt to induce a candidate or an elector to believe that he, or any person in whom he is interested will become or will be rendered an object of divine displeasure or spiritual censure. 11. That the rally to be held on 25.04.2014 between 16.00 hrs to 18.00 hrs to be cancelled by the petitioner trust. 11. That the rally to be held on 25.04.2014 between 16.00 hrs to 18.00 hrs to be cancelled by the petitioner trust. [6.1] Shri Vijay Patel, learned advocate appearing on behalf of the respective petitioners has also stated at the Bar that similar undertaking shall be affirmed by Shri Baba Ramdev and the original copy of the same shall be submitted before the Commissioner of Police, Vadodara at 3 pm on 26.04.2014 (SCA No.6091/2014) and by evening on 26.04.2014 so far as Commissioner of Police, Ahmedabad (SCA No.6029/2014) along with copy to the concerned District Election Officer. [6.2] Considering the aforesaid facts and circumstances and the undertakings given by the respective petitioners and on the conditions mentioned in the said undertakings and on filing the aforesaid undertakings, we are of the opinion that if the concerned petitioners are permitted to organize and/or hold the Free Yog Shibirs at Vadodara on 26.04.2014 and at Ahmedabad on 27.04.2014 as scheduled earlier, it will meet the ends of justice and it will take care of the apprehension on the part of the concerned respondent authorities. [7.0] Under the circumstances the concerned respondent authorities are hereby directed to permit the petitioners to organize/hold the Free Yog Shibir at Vadodara on 26.04.2014 and at Ahmedabad on 27.04.2014 as scheduled earlier on following terms and conditions which as such the concerned petitioners have undertaken to abide as per their respective undertakings: 1) That in the Yog Shibirs no political speeches shall be delivered and also no political persons shall be invited or allowed to participate in Free Yog Shibirs to be held at Vadodara and Ahmedabad on 26.04.2014 and 27.04.2014 respectively; 2) That whole programme shall be strictly restricted to Yoga related activities only. 3) That no direct or indirect statements which directly or indirectly refers to any political parties or candidates and are directly or indirectly beneficial or harmful for/to any political party shall be made; 4) That in this programme, no one shall be permitted to carry with him any campaigning material of any political party or candidate or identify himself in light of his political affiliation and/or permitted to display any banners/posters of any political party; 5) That any organizer, participants or preceptor shall not wear clothes and/or shall not permit any participant to wear clothes and/or any material in any form bearing symbols or slogans that can relate to direct or indirect campaigning of any political party of candidate; 6) That it shall be responsibility of the organizers as well as preceptors to observe the Model Code of Conduct in its true letter and spirit; 7) That videography of entire event shall be carried by the petitioner trust as well as local election authority and such recorded video shall be submitted by the respective petitioners to the Commissioner of Police, Vadodara and Commissioner of Police, Ahmedabad within 24 hours of completion of the programme; 8) That the organizers shall submit the details of expenditure incurred for the conduct of the Free Yog Shibirs to the Commissioner of Police, Vadodara and Commissioner of Police, Ahmedabad and to ensure that no political party shall take advantage of the Free Yog Shibirs for their personal interest; 9) That no person shall induce or attempt to induce a candidate or an elector to believe that he, or any person in whom he is interested will become or will be rendered an object of divine displeasure or spiritual censure; 10) That concerned petitioners shall abide by their respective undertakings filed today. It is made clear that the aforesaid permission is granted on further condition that undertakings similar to the undertakings filed in the present petitions shall be affirmed and filed by Shri Baba Ramdev and the original copy of the same be given to the concerned Commissioner of Police i.e. Commissioner of Police, Vadodara as well as Commissioner of Police, Ahmedabad within time stated herein above and the copies of the same shall also be given to the concerned Distirct Election Officer. It is also agreed by the petitioners and so undertaken in their undertakings that if there is any violation of any of the conditions stated hereinabove and if it is found that there is breach of any of the conditions mentioned in the undertakings and it comes to the notice of the concerned authorities, the petitioners have agreed that the programme shall be stopped immediately. It is also observed that it will be open for the concerned respondents and/or any other appropriate authority to check the persons at the entry for the compliance of the aforesaid conditions. It will also be open for either of the parties to give wide publicity to the aforesaid conditions so that the participants can be made aware of the conditions imposed while permitting the petitioners / organizers to organize/hold the Free Yog Shibirs at Vadodara on 26.04.2014 and at Ahmedabad on 27.04.2014. [8.0] On the aforesaid terms and conditions the concerned petitioners / organizers are permitted to hold the Free Yog Shibirs at Vadodara on 26.04.2014 and at Ahmedabad on 27.04.2014 as scheduled earlier and to that extent the impugned orders passed by the concerned authorities impugned in the present petitions are quashed and set aside. Rule is made absolute to the aforesaid extent in each of the petitions. In the facts and circumstances of the case, there shall be no order as to costs. Direct service is permitted today.