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2022 DIGILAW 994 (KAR)

Suo Motu v. State of Karnataka

2022-08-01

ALOK ARADHE, S.VISHWAJITH SHETTY

body2022
JUDGMENT 1. The processions, dharanas, protests were held on 2/3/2021 in the prime rush hours in the heart of the City of Bengaluru, which led to a huge traffic congestion. The traffic was virtually stand still for few hours and it caused inconvenience to several citizens. On the basis of a letter dtd. 3/3/2021 sent by one of the Hon'ble Sitting Judges of this Court to the Hon'ble Chief Justice, this issue was directed to be treated as a suo motu public interest litigation. 2. In pursuance of the directions issued from time to time, during the pendency of this petition, the State Government has framed Licensing and Regulation of Protests, Demonstrations and Protest Marches (Bengaluru City) Order, 2021 (for short, 'Order of 2021') under Sec. 31(1)(o) of the Karnataka Police Act, 1963 (for short, 'Act of 1963'). It was stated before this Court that if any person is found violating the provisions of the Order of 2021, action is taken against him. 3. Learned AGA has also placed on record the status report filed on 14/7/2022, in which, it is pointed out that 27 criminal cases have been registered against the persons who had violated the provisions of the Order of 2021. 4. It is further stated before this Court that the protests, marches and dharanas shall be permitted to be held only at the Freedom Park and the State Government is under an obligation to ensure that the provisions of the Order of 2021 which had been framed in exercise of the powers under Sec. 31(1)(o) of the Act of 1963 are complied with in letter and spirit. 5. In view of the aforesaid submission made before this Court which is placed on record, we dispose of this writ petition with a direction to the respondents to ensure compliance of the provisions of the Order of 2021 in letter and spirit and to continue to initiate action against the persons who are found to be violating the provisions of the Order of 2021. Accordingly, the writ petition is disposed of.