Right To Associate Constitutionally Guaranteed, People Gathering To Pay Homage To Deceased Innocents Long Standing Tradition: Karnataka High Court

The Karnataka High Court on Tuesday permitted an unincorporated organisation of persons to organise a gathering and pay homage to one Venugoapal, a social worker and Hindu activist, who was killed by miscreants during Hanuman Jayanti celebrations.

A single judge bench of Justice Krishna S Dixit observed,

“The Right to associate and association are constitutionally guaranteed. People gathering for paying homage on the death of innocents has been a long tradition in the society, the only requirement is that they have to ensure that no untoward incident would happen and that all precautions in that regard would be taken.”

The petitioners had approached the Court questioning the endorsements issued by the authorities rejecting their request to organise a gathering to pay homage.

Petitioners assured the Court that the gathering will be of a reasonable size and would dissolve by sunset. They also guaranteed that no untoward incident would happen. Petitioners also undertook to file a list of names of persons who are responsible for organising the said gathering and who shall be answerable should any untoward incident happen.

The government opposed the plea saying though a gathering of the kind can be held, it should not result into disruption of peace in the society. It said in such situations often human emotions overflow and eventually reason takes backseat resulting into disruption of peace in the society.

Unconvinced, the bench said,

“The apprehension of the learned AGA that despite there being police, at times, the situation may go out of the control, need not much trouble anyone inasmuch as there is an assurance from the side of organisers themselves and if the assurance is not kept, they would be personally liable. In that connection, they have to execute a monetary bond for a sum of Rs.1,00,000 only, in favour of the Tahasildar of the jurisdictional district.”

It added “The impugned orders are quashed, petitioners are permitted to conduct the gathering for paying homage to the departed soul subject to the conditions and constraints discussed herein above. The list of organisers shall be furnished to the jurisdictional Tahsildar immediately. It is needless to state that the State should deploy sufficient police force, and the officials can videograph the entire event.”

Case Title: Sri. Veeranjaneya Dharma Jagruthi Balaga & Other And State of Karnataka & Others

Case No: WP 15400 OF 2023

Citation: 2023 LiveLaw (Kar) 270

Date of Order: 18-07-2023

Appearance: Senior Advocate Aruna Shyam a/w Advocate Suyog Herele for Petitioners.

AGA B.V. Krishna for Respondents.

Click Here To Read/Download Order