Thread by @barandbench

The Karnataka High Court will soon hear a PIL calling for a stay on the two road shows by Prime Minister Narendra Modi set to be conducted in Bengaluru this weekend.

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The case will be heard by a bench of Justices Krishna S Dixit and Vijaykumar A Patil.

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The PIL seeks the interim relief in a plea claiming that Karnataka's people are suffering from traffic jams for the past week created by several political parties under the guise of road shows.

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Bench assembles.

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Hearing begins.

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Court: How many political parties have done road show till date?

Petitioner: Almost all.. Congress has done.

Court: Date?

Petitioner: 03 May.

Court: Which other party?

Petitioner: Yesterday, BJP has done.

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Court: Any others?

Petitioner: Janata Dal (Secular)

Court: These are all the recognised parties that have done?

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Court: Has ECI issued any orders? Are 326 orders enforceable on their own?

Counsel arguments not audible.

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Court: So, in the election process, road shows are permissible.

ECI counsel: Yes.

Court: What about in foreign jurisdictions?

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Court: What are the inputs as to the desirability of permitting road show? Any deliberations at your level?

Counsel are inaudible.

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Court seeks details on the road show set to be conducted tomorrow.

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Court asks if there are any exams or the like tomorrow.

BBMP commissioner appears in person: NEET.

Court: How many centres?

BBMP commissioner: 499 centres.

Court: What time does it start?

BBMP commissioner: 1.30 pm.

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Court informed that NEET is on 7th.

Court: So, tomorrow there are no exams or such occasions where people are required to gather as of law? Your voice is being recorded.

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Court asks ASG to get information right now on whether there are any exams tomorrow.

Court: On NEET exam day, what will be the allocation of time?

BBMP commissioner: 9 - 11.30.

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Court asks if there were any untoward incidents during previous road shows.

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Court asks why the PIL was filed only today, not before.

Petitioner: All what happened in road shows was only disrupting 3-5 kilometres till now. Tomorrow 36 kilo meters. Yesterday only I came to know.

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Court: People should not get the impression that you are trying to block the road show of a particular party.

Petitioner: That is why my main prayer is regarding all parties.

Court: Bona fide is very important. You have to show!

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Petitioner shows excerpts from the petition with regards to source of information.

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Court: Has any other High Court come in the way of such a roadshow?

Petitioner: No. Taking it to 36 kilometres is too much. If it was 4-5 kilometres I would not have bothered.

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Petitioner: Day to day workers, street vendors are all affected...

Court: You mean to say, state is unwise and it will not know all of this? Only you and court will know? They have statistical data...

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Court: The democratic process requires information to be given to voters. Does the road show also contribute to this?

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Petitioner: For a limited stretch, 3-5 kilometres..

Court: Can it be 6 kilometres? I am just asking you.

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Court asks how heightened emotions at the road show will handled by the State.

Bengaluru Commissioner of Police responds with security details including screening of visitors, barricading to prevent stampede, traffic diversions etc.

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Commissioner: We use social media to put announcements on Twitter etc. FM channels also notify public.

Control rooms are notified if they get any info regarding ambulance getting stuck to clear routes.

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Commissioner: Police takes every precautionary measure. We also have emergency teams in case of any untoward incidents, but so far we have been successful in avoiding.

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Court now asks who will have civil liability in case of an untoward incident.

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Court asks whether any other High Court has given an opinion on the issue and how foreign jurisdictions deal with the issue.

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Court asks petitioner if an adverse order can be made against a certain political party without impleading them: What about principles of natural justice?

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Order: Petitioner is a practicing lawyer has presented this social action litigation with the following prayers.

The copies of the petition having been served on the respondents in advance, the official respondents are represented.

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Order: The respondents oppose the writ contending that necessary parties namely the recognised registered national political party is not made one of the respondents and therefore, no relief be granted.

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Order: AAG assisted by battery of high-ranking police officers submits that the election rallies for the purpose of campaigning are held since very long. Even during this election process, such rallies have been held by parties.

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Order: No untoward incident has been reported so far. The senior counsel for district election officer submits right to hold rallies during the election process has elements of right to speech, assembly and movement guaranteed under Article 19.

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Order: Election Commission submits that these rallies are happening all over the country, particularly during election process, whether to be permitted is a matter pertaining to domain of law & order lying in the lap of the State.

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Order: A host of high-ranking police officials and the election related officials participated in the proceedings by furnishing necessary inputs.

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Order: Commissioner made his brief and articulate submissions to the effect that police personnel are sufficiently available to handle tomorrow's rally in which central political executives are likely to participate.

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Order: There is no record as to any untoward incident in any such rallies hitherto. He does not see any problem in effectively managing the law and order during the rallying period.

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Order: The Chief Commissioner BBMP also gave valuable inputs saying that the application or grant of permission would be treated on normative basis, keeping in view all relevant factors.

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Order: Having heard the counsel for respondents and having heard the petitioner in person, we have the following to say.

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Order: The submission of petitioner that rally is of the kind would disrupt day to day lives of several classes of people, more particularly students, hawkers, government employees and such others..

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Order: It would have potential of untoward incident due to its enormity.

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Order: He draws attention of court to newspaper reports. He submits, therefore there should be complete ban on holding of rallies of the kind before during and post elections.

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Order: This is a bit difficult to accede to.

Firstly, elections in India are treated as festive celebrations. During elections, right from first general elections in 1952 there are records to show rallies of the kind were held.

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Court: The political rallies have some element of dissemination of knowledge and information about the election process to public at large. The apex court in Lily Thomas v UOI (2013) observed that there is need for dissemination...

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Court: .. of knowledge to the public at large to exercise choice. This purpose at least in a measure is served by the rallies of the kind.

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Court: Respondents are more than justified in submitting that rallies of the kind having trappings of right to speech, assemble and move freely as under the constitution cannot be impeded. This view gains support from the fundamental..

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Court: .. right jurisprudence.

The petitioner, to whose credit there are many PILs and who happens to be a practicing lawyer is not in a position to answer affirmatively as to there being any High Court decision or Apex Court that supports his view.

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Court: On the contrary, there are decisions of the Kerala and Calcutta High Courts that specifically and in so many words permit the conduct of such rallies during the election process and otherwise.

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Court: This court has been apprised of the precautionary measures by State.

First, DEO having expertise in the matter, personally assisted the court and responsibly made a statement that they will consider the application for permission...

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Court: .. keeping all the parameters of law and after consulting other officers.

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Court: He submits that if permission was to be granted it would be for 26 kms tomorrow and 6.5 kilometres on May 7. Keeping in view, the NEET examination on the later day.

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Court: The Commissioner of Police made a responsible statement that there would be no law and order problem being sufficient police force. The screening of gatherers would be broadly undertaken. All precautions would be taken to prevent stampede.

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Court: Traffic diversions would be affected and public would be informed. The event would be informed to the police 108 control room for ambulance and other essential vehicle movements.

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Court: Ld AAG appearing for State and Police submits that in matters like this, the court should loathe to interfere since it pertains to domain on the executive gained through experience over the years.

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Court: He also echoes view of ECI that since the announcement of election dated 29.03.2023, totally 2517 rallies have been held throughout the State of which 371 were in Bengaluru with not even one bad event.

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Court: The said statistical data supports the respondents which the commissioner also shares.

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Court: This court places on record the broad submission made from respondents that while the political rally if undertaken tomorrow and day after, all precautions would be taken.

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Court: Their submission that the level of inconvenience to public would be immensely diminished by taking measures is placed on record.

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Court: If and when, any untoward incident happens or the police suspect or foresee the happening of such incidents the security would be taken from the organisers, said the commissioner. This decision would be taken on case to case basis.

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Court: Petitioner when asked why he did not present the petition earlier said he got the information only through newspapers yesterday and therefore, he has presented the petition now.

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Court: However, this is not pleaded in the petition itself. Some credence may be given to this version since copies of newspaper reports are produced as annexures.

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Court: We would have declined indulgence on the ground that the necessary party is not arrayed as a respondent.

However, petitioner fairly submitted that he does not intend to impede the events of tomorrow absolutely. What he needs is fair regulation.

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Court: There are elements of public interest therefore, we did not resort to that extreme measure. With this, the petition is laid to rest.

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Court tells respondents that in case of any untoward incident, the organisers should be held accountable irrespective of political party.

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Court: We are thinking aloud.. some monetary security.

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Court: Ld AG when confronted with the questions regarding norms and guidelines for granting compensation to the injured or for repairs for damage to property submits that govt of the day will look into it before tomorrow.

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Court: The court deeply appreciates the participation of the DEO and Commissioner of Police for effective assistance and assurances to public at large.

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Court: The assurance of the DEO that even the public grievance as to alternate routes will be addressed is also placed on record.

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Court: We request all officers, you should take all measures which would induce confidence. Of course, you have been doing.. during Covid also.

The safety of Hon'ble Prime Minister is also a concern.

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Hearing concludes, court rises.

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