Rallies can only be restricted

nesday, June 17, 2009

The High Court on Tuesday disposed a petition by Janaagraha, a city-based NGO, seeking to regulate rallies organised by political parties and other organisations, after the State government promised to initiate action under Section 103 of the Karnataka Police Act.


During the hearing of the petition, the State said that the City Police Commissioner had no powers to secure indemnity bond from the organisations responsible for the rally as suggested by the petitioners, but assured to prevent a chaotic situation.
The division bench headed by Chief Justice P D Dinakaran, which heard the matter, disposed off the petition saying, “The right to assemble being a Constitutional right, cannot be regulated, but can be restricted.”
The Bench was hearing a public interest litigation (PIL) petition by Janaagraha against the inconvenience caused to the residents of Bangalore when the Janata Dal (Secular) took out a massive rally in Bangalore last year to mark the appointment of H D Kumaraswamy as party president.
Janaagraha had brought to the notice of the court the chaotic traffic situation in the City due to such rallies.
The Bench had asked the Government to frame appropriate laws to regulate such public protests.
It could also be recalled that the State had submitted a draft on monitoring public protests in the City.