Court rules State must provide valid reasoning for restricting freedom of speech and assembly, orders reconsideration of permissions under Karnataka Police Act.
In a significant ruling, the Karnataka High Court has quashed the prohibitive notices issued by the Belagavi Police Commissioner against the participation of speakers at the Hindu Sammelana events, emphasizing the protection of fundamental rights under the Indian Constitution. The Court, presided over by Justice Smt. Lalitha Kanneganti, addressed writ petitions filed by the Hindu Sammelana Samithi challenging the police's decision to bar speakers on the grounds of potential law and order issues.
The judgment reaffirms the constitutional guarantee of freedom of speech and expression under Article 19(1)(a) and the right to assemble peacefully under Article 19(1)(b). The Court highlighted that any restrictions imposed by the State must be reasonable, proportionate, and based on substantial reasoning and material evidence, rather than arbitrary whims.
The case arose when the Belagavi police issued notices prohibiting Kumari Harika Manjunath and Sri. Mithun Chakravathy Devidas Shet from speaking at events scheduled for February 6 and 8, 2026, citing registered crimes against them as justification. The petitioners contended that no cases were pending against the speakers, and similar past events had not resulted in any law and order disturbances.
Justice Kanneganti emphasized that the Karnataka Police Act, 1963, which allows regulation of public assemblies, mandates such actions only in cases of genuine threats to public peace. The Court noted the absence of valid reasoning in the police's prohibitory orders and underscored that past participation of the speakers in similar events without incident strengthened the petitioners' case.
The Court ordered the police to reconsider the petitioners' representations for permission in line with the Karnataka Police Act and act strictly according to the law. The judgment underscores the judiciary's role in safeguarding citizens' fundamental rights against arbitrary State actions.
Bottom Line:
Fundamental Rights - Freedom of speech and expression under Article 19(1)(a) and right to assemble peacefully under Article 19(1)(b) of the Constitution of India cannot be curtailed arbitrarily by the State; restrictions must satisfy proportionality test and be based on reasoning and material.
Statutory provision(s): Articles 19(1)(a), 19(1)(b) of the Constitution of India, Karnataka Police Act, 1963 Sections 37, 39, 40.
