Court Overturns Police Refusal, Imposes Conditions to Ensure Communal Harmony During Event
In a significant ruling, the Bombay High Court's Aurangabad Bench has quashed the police's decision to deny permission for a public congregation in Biloli, Nanded, featuring T. Rajasinh Thakur, Member of the Legislative Council (MLC) from Telangana. The court directed the police to grant permission with stringent conditions to maintain public order and communal harmony.
The police had initially refused permission citing concerns over potential hate speech by MLC Thakur, which could disrupt law and order, especially during the festival season. The refusal was challenged by Maroti Raosaheb Jadhav, the petitioner, who argued that similar events had been conducted peacefully in the past under court directives.
The court, presided over by Justices Sandipkumar C. More and Abasaheb D. Shinde, noted the absence of untoward incidents at previous congregations addressed by Thakur, provided that undertakings and conditions were adhered to. The bench emphasized the importance of balancing the right to assembly with the need to prevent communal discord.
The petitioner assured the court that both he and MLC Thakur would file undertakings promising no inflammatory speeches would be made, a crucial factor in the court's decision to allow the event. The court ordered the police to impose necessary conditions on the event to safeguard public peace.
The judgment reflects the court's stance on upholding constitutional rights while ensuring public safety. The event is scheduled for April 4, 2026, with police oversight to ensure compliance with the court's directives.
Bottom Line:
Permission for public congregation and addressing the public by an MLC refused due to concerns of hate speech and law and order issues. Court directed grant of permission with necessary conditions and undertakings to ensure communal harmony and public peace.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 168, Maharashtra Police Act, 1951 Sections 37(1)(3)
