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2018 DIGILAW 534 (PNJ)

Arrive Safe Society Of Chandigarh v. Uoi

2018-02-07

AJAY KUMAR MITTAL, ANUPINDER SINGH GREWAL

body2018
JUDGMENT 1. Learned counsel for the petitioner inter alia referred to the judgment of the Apex Court in Destruction of Public and Private Properties, in Re v. State of Andhra Pradesh and others (2009) 5 SCC 212 , and relied upon para 12 thereof, wherein certain guidelines hve been laid down by the Apex Court relating to holding of demonstration, which are in the following terms:- "(I) The organizer shall meet the police to review and revise the route to be taken and to lay down conditions for a peaceful march or protest; (II) All weapons, including knives, lathis and the like shall be prohibited; (III) An undertaking is to be provided by the organizers to ensure a peaceful march with marshals at each relevant junction; (IV) The police and State Government shall ensure videography of such protests to the maximum extent possible; (V) The person in charge to supervise the demonstration shall be the SP (if the situation is confined to the district) and the highest police officer in the State, where the situation stretches beyond one district; (VI) In the event that demonstrations turn violent, the officer-in-charge shall ensure that the events are videographed through private operators and also request such further information from the media and others on the incidents in question. (VII) The police shall immediately inform the State Government with reports on the events, including damage, if any, caused by the police. (VIII)The State Government shall prepare a report on the police reports and other information that may be available to it and shall file a petition including its report in the High Court or the Supreme Court as the case may be for the Court in question to take suo motu action." 2. A prayer was made that in terms thereof, respondents No.4 to 10 are required to adhere to the same. 3. Notice of motion to the respondents for 09.02.2018. 4. At the asking of the Court, Ms. Rameeza Hakeem, Addl. AG, Punjab, who is present in Court, accepts notice on behalf of respondents No.2 & 3. 5. The remaining respondents be served through dasti process. 6. Learned counsel for the petitioner submitted that the requisites copies of the complete paperbook have been furnished to respondents No.2 & 3 yesterday. 7. At the asking of the Court, Ms. Rameeza Hakeem, Addl. AG, Punjab, who is present in Court, accepts notice on behalf of respondents No.2 & 3. 5. The remaining respondents be served through dasti process. 6. Learned counsel for the petitioner submitted that the requisites copies of the complete paperbook have been furnished to respondents No.2 & 3 yesterday. 7. Learned State counsel has brought to the notice of the Court that a communication dated 06th February, 2018, addressed by the Director General of Police, Law & Order, Punjab, Chandigarh to all the Zonal IGPs and all Commissioner of Police, Punjab, in Court today, wherein, inter alia, following instructions have been issued:- "4. In the light of above, you are directed to ensure that in all districts under your respective jurisdictions and in all Police Commissioners at least 70% of total strength of manpower available be operationalised and used for law & order duties on 07.02.2018 so as to ensure effective maintenance of law & order in the state. 5. A list of places, where the potential agitationists can gather, has already been shared with you. You are directed to keep these places under special focus while making your law & order arrangements for 07.02.2018. 6. Other necessary measures like imposition of section 144 Cr.P.C. etc., wherever deemed necessary, be also taken. 7. Matter be treated as most important." 8. The aforesaid communication dated 06.02.2018 is taken on record, subject to all just exceptions. Office to tag the same at the appropriate place. 9. It was also stated by the learned State counsel that no organization i.e. respondents No.4 to 10 has approached the Deputy Commissioners of the concerned Districts and sought prior approval in terms of letter dated 06.02.2018. 10. It was also pointed out that the concerned District Magistrates have already communicated to the Presidents/Members of respondents No.4 to 10, specifying the places, where dharna/demonstrations can be held by them. In support thereof, copies of the communications dated 05.02.2018 have been produced and the same are taken on record, subject to all just exceptions. Office to tag the same at the appropriate place. 11. In support thereof, copies of the communications dated 05.02.2018 have been produced and the same are taken on record, subject to all just exceptions. Office to tag the same at the appropriate place. 11. In view of the aforesaid statements and the documents produced by the learned State counsel, this Court is of the opinion that if any dharna or meeting is called for on 07.02.2018 by respondents No.4 to 10 without prior approval of the Deputy Commissioner concerned, the same would not satisfy the test of being legal. 12. A copy of this order be given to the learned counsel for the petitioner as well as the learned State counsel under the signatures of the Bench Secretary of this court.