Karnataka High Court Directs State To Ensure Compliance Of Order Restricting Protests, Processions To Bengaluru's Freedom Park, Closes PIL

The Karnataka High Court on Monday directed the State government to ensure compliance of the Licensing and Regulation of Protests, Demonstrations and Protest Marches (Bengaluru City) Order, 2021 issued under the Karnataka Police Act, permitting procession, dharna and protest only at Freedom Park in Bengaluru.

A division bench of Acting Chief Justice Alok Aradhe and Justice S Vishwajith Shetty said that the State should take action against those found violating the Order.

With this, it disposed of a suo-motu public interest litigation initiated based on a letter written by a sitting judge of the High Court to the Chief Justice of the Court, last year, following a major traffic block caused in the city in March last year, on account of Congress padayatra demanding speedy implementation of the Mekedatu project.

The bench said,

"In pursuance of the direction issued from time to time, during the pendency of petition the State Government has framed the Licensing and Regulation of Protests, Demonstrations and Protest Marches (Bengaluru City) Order, 2021 in exercise of powers under Section 31(1)(o) of the Karnataka Police Act, 1963. It is further submitted that action is taken against any person who is found to be violating the provisions of the said order."

Further it noted,

"AGA has also placed on record a status report filed on July 14, 2022, by which it is pointed out that 27 criminal cases have been registered against persons who violated the provisions of the said order. It is also stated that protest, marches and dharna shall be permitted only at Freedom park and the state government is under obligation to ensure that provisions of the order of 2021, which have been framed in exercise of powers under Section 31 (1) (o) Of the Karnataka Police Act, are complied in its true letter and spirit."

Following which the bench said,

"In view of the aforesaid statement made before this court, the PIL is disposed of with a direction to the respondents to ensure compliance of provisions of the order passed in its true letter and spirit and to continue to initiate action against the persons found committing the violation of the order."

The High Court by its order dated March 3, 2021 had directed the state government to forthwith ensure that no protest, meetings, processions, etc. are held in the city of Bengaluru, by any group, political parties, organisation, etc., except at Freedom Park, in an organised manner and by ensuring that traffic in the city is not adversely affected, especially during rush hour. Following this order, the state government issued the Order of 2021.

Case Title: Suo-Motu v. The State Of Karnataka

Case No: WP 5781/2021

Citation: 2022 LiveLaw (Kar) 297