Constitutional Right To Associate And Association Not Absolute, Must Be Balanced Against Public Interest: Karnataka HC
The Karnataka High Court allowed a Petition challenging the impugned endorsement by the T. Narasipura Police Station, wherein the police officers interdicted a request to conduct a homage ceremony in memory of an innocent who died at the hands of miscreants. The Court emphasised that the right to associate and association are constitutionally guaranteed under Article 19 (1) (b) and permitted the petitioners to conduct a homage ceremony.
The Bench of Justice Krishna S Dixit held, “Having heard the learned counsel for the parties and having perused the Petition Papers, this court is broadly in agreement with the submission made on behalf of the petitioners that 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; only requirement is that they have to ensure that no untoward incident would happen and that all precautions in that regard would be taken”
Senior Advocate Aruna Shyam appeared for the Petitioner and Additional Government Advocate B.V. Krishna appeared for the Respondents/State.
The Petitioner was an unregistered association, who wanted to celebrate a homage ceremony in the memory of Sri. Venugopal, who laid his life as a victim of an assault by the miscreants. The Petitioner contended that the right to form an association is a constitutionally guaranteed right and therefore, the Petitioner should be allowed to celebrate and cannot be interdicted by the police officers for ‘possible law and order problem’. The State opposed the Petition and contended that a gathering of such kind could be held although should be executed without any untowardly incident which might disrupt the peace of the society.
The Court observed that the right to associate and association are constitutionally guaranteed and therefore Petitioner cannot be deprived of this right while emphasizing that the Petitioner would have to ensure that no untoward incident takes place during the ceremony. Therefore, the Court directed the Petitioner to take all precautions during the ceremony.
Additionally, the Court directed the Petitioner to execute a monetary bond in favour of the Tehsildar of the jurisdictional district.
"In that connection, they have to execute a monetary bond for Sum of Rs. 1,00,000/- (Rupees One Lakh) only, in favour of the Tahasildar of the jurisdictional district...In the above circumstances, this Writ Petition is allowed; a Writ of Certiorari having been issued, 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 Court asserted.
Accordingly, the Court allowed the petition and directed the State to ensure sufficient police offers are deployed during the ceremony.
Cause Title: Veeranjaneya Dharma Jagruthi Balaga v State of Karnataka (Neutral Citation No. :2023:KHC:24942)
