High Court Grants Permission for Independence Day Procession
In a significant ruling, the Karnataka High Court has authorized the Hindu Jagarana Vedike to conduct its ‘Akhanda Bharata Sankalpa Dina’ torchlight procession in Mysuru on the eve of Independence Day. The decision was made in the case of Hindu Jagarana Vedike & another vs The Commissioner of Police & another. Justice Suraj Govindaraj presided over the proceedings and emphasized that the organizers would be accountable for any incidents during the march.
Security Arrangements and Responsibilities
The Court instructed local law enforcement to ensure adequate security for the procession, which is scheduled to proceed from RMC Ganesha Temple to Dodda Gadiyara Circle between 5:30 PM and 7:30 PM on August 14. The State’s concerns about potential disturbances, citing the organizers’ alleged history of anti-social activities and pending criminal charges, were dismissed by the Court. Justice Govindaraj stated that such claims could not justify barring participants from Independence Day festivities.
Legal and Organizational Obligations
Justice Govindaraj noted, “Merely because proceedings have been filed against certain persons, it does not mean that they cannot be allowed to participate in the Independence Day celebrations.” However, the Court made it clear that the order did not extend to stage programs, which require separate permissions.
The High Court warned the petitioners of potential repercussions if the procession did not adhere to the law. An undertaking was submitted by the organizers, listing nine individuals responsible for ensuring a peaceful march, accompanied by their Aadhaar details.
Controversy Over Premature Announcements
During the hearing, the Court reprimanded the Hindu Jagarana Vedike for erecting hoardings about the event before receiving official permission. Additional Advocate General Bhanu Prakash highlighted that these displays had not yet been removed. The Bench questioned the petitioners’ control over their participants, expressing concerns about accountability if issues arose during the event.
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Senior Advocate M Aruna Shyam, representing the organization, argued that the banners were placed by third parties and assured compliance with the Court’s conditions. “It is my fundamental right to celebrate Independence Day. I am completely in the hands of this Court,” he stated, emphasizing the State’s duty in maintaining law and order.
Route and Traffic Considerations
The State government proposed an alternative route to minimize disruptions, as the planned path passed by hospitals and could impede emergency services. The Court acknowledged this concern but pointed out the procession’s limited size of approximately 100 participants over a four-kilometer stretch, suggesting that orderly movement would mitigate traffic issues.
Ultimately, the Court invalidated the police’s refusal to grant permission, allowing the procession to proceed as planned. Justice Govindaraj emphasized the importance of permitting public celebrations of Independence Day, ensuring that no one is unjustly barred from participating in national festivities.
