Festivities Of Secular Events Cannot Be Objected To In A Welfare State: Karnataka High Court Allows Celebration Of Kannada Rajyotsava At Idga Maidan
While permitting the Petitioner society to conduct Kannada Rajyotsava at the Idga Maidan, the Karnataka High Court has observed that the celebration of secular events, as the one Petitioners are celebrating, are not objected to in a welfare state, subject to certain just exceptions.
The Court held that since Petitioner’s case does not fall under the exceptions and they also provided assurance of conducting a peaceful event, they should be allowed to celebrate the event. The Court, however, granted the liberty to the Authorities to monitor the events, and if necessary, post the required police force at the venue to maintain order.
“Ordinarily, celebration of secular events of the kind are not objected to in a Welfare State subject to all just exceptions into which argued case of the Petitioner does not fit. The Petitioner – Society as already mentioned above, has assured of not breaching the societal peace & tranquility or disturbing the law and order. It has also undertaken not to hoist any flag or symbol other than the State Flag nor to undertake any activity that would offend the idea of integrity of the nation and secular credentials of the society. There is no reason to doubt this assurance. Added, the authorities also have the watch & ward of the events, if necessary by posting required police force, at the spot”, the Bench headed by Chief Justice Prasanna B. Varale and comprising Justice Krishna S Dixit observed.
Advocate Shridhar Prabhu appeared for the Petitioner and Government Advocate S S Mahendra appeared for the Respondents.
The Petitioner was a registered society and sought permission to celebrate Karnataka Rajyotsava at the Idga Maidan at Chamarajapet. The Petitioner contended that the activities would be confined to hoisting only the State Flag and no other flag or symbol. The organizers would ensure peace and tranquility and would not give any scope for disturbing the law and order. The Petitioner therefore filed a Writ Petition seeking directions against the Second Respondent to consider the Petitioner’s request and pass appropriate orders. The Stae though contended that whether a particular place should be given for the programs or not is left to the domain of the Executive.
The Court observed that the Petitioner assured that they would only hoist the State Flag and avoid any activities that would offend the idea of the integrity of the nation and the secular credentials of the society.
Additionally, the Court held that the authorities could monitor the events, and if necessary, post the required police force at the spot to maintain order. If the Idga Maidan cannot be used for the celebration, for reasons outside the control of the Petitioner, an alternative location must be provided to ensure that justice is served, the Court added.
Accordingly, the Court allowed the Petition.
Cause Title: Chamarajpet Nagarikar Okkuta (R) v State Of Karnataka (2023:KHC:38563-DB)
