Karnataka High Court Refuses To Stay PM Narendra Modi's Road Shows In Bengaluru
The Karnataka High Court on Friday refused to stay the roadshows to be held by Prime Minister Narendra Modi in Bengaluru this Saturday and Sunday, ahead of assembly elections in the State on May 10. A vacation bench of Justice Krishna S Dixit and Vijaykumar A Patil held a special hearing today in the PIL filed by Advocate Amruthesh N P, raising concern over road blocks and traffic jams due to...
The Karnataka High Court on Friday refused to stay the roadshows to be held by Prime Minister Narendra Modi in Bengaluru this Saturday and Sunday, ahead of assembly elections in the State on May 10.
A vacation bench of Justice Krishna S Dixit and Vijaykumar A Patil held a special hearing today in the PIL filed by Advocate Amruthesh N P, raising concern over road blocks and traffic jams due to the rally.
The bench took into account the statements made by the District Election Officer and Commissioner of Police (Bengaluru) that all precautionary measures would be taken keeping in view the movement of ambulance, school/college buses. "Commutation would be issued in advance to the students and the general public at large. The level of inconvenience to the public would be immensely diminished,” the bench was assured.
The Prime Minister will reportedly hold a 36 kms road show in the city.
The Court considered the statement of the respondents that permission, if granted, would be for 26 Kilometres on May 6 and 6.5 kilometres on May 7. Further, for grant of permission to hold rallies, a committee comprising of Police Commissioners and other officers headed by District Election officer and Director and Inspector General of Police has been constituted and the decision would be institutionally taken.
The PIL had contended that during the preliminary election rallies held in Karnataka, people had a bitter experience in respect of Traffic Jams, road blocks, congestions, and the common man like street vendors, agricultural labourers, daily-wage labourers, office goers, were the ones most affected in their day-to-day life by the above campaigning, as they were hindered in reaching their destination like their workplaces.
The respondents on the other hand challenged the maintainability of the petition on the ground that the political party is a necessary party in the proceedings but the petitioner failed to implead it.
“We would have declined indulgence in the petitioner on the ground that the necessary party—a political party which seeks to organise the rally is not arraigned as respondent. Since it answers the necessary party description. However, the petitioner fairly submitted that he does not intend to impede the events of tomorrow absolutely. What he needs is fair regulation. There are elements of public interest in the petition as well. Therefore we did not resort to extreme measures. In the above circumstances and observation this petition is laid to rest,” the Court said.
It referred to the Supreme Court judgement in the case of Lily Thomas Vs Union of India and noted that political rallies have an element of dissemination of knowledge and information about the election process to the public at large for them to exercise their franchise choice.
Finally, noting that several rallies have been carried out till now in the State and keeping in view the not even one sporadic untoward event had been reported, the bench disposed the plea and asked the Bengaluru Police Commissioner to take extra measures to ensure the safety of the Prime Minister.
Case Title: N P Amruthesh And State of Karnataka & Others.
Citation: 2023 LiveLaw (Kar) 172