Tue. Dec 24th, 2024

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NEW DELHI: The Delhi high court on Wednesday declined to interfere with a Delhi Police order withdrawing permission to an organisation for a public meeting on October 29 at Ramlila ground, underlining that the tenor of the posters released by the organisers indicated the event could have communal overtones.

The Delhi high court agreed with the police that the decision to revoke permission for the public meeting was not arbitrary. (FILE PHOTO)
The Delhi high court agreed with the police that the decision to revoke permission for the public meeting was not arbitrary. (FILE PHOTO)

“Though the event was styled for the purpose of educating the people for their rights, but the tenor of the posters indicated that the event in question ‘can have communal overtone’ and which could result in increase in communal tension in the old Delhi area, which is a sensitive area as people of different religions live here. Communal violence in the area is not unknown,” a bench of justice Subramonium Prasad said on a petition by “Mission Save Constitution”, an organisation founded by lawyer Mehmood Pracha.

The petition challenged an October 16 order by the deputy commissioner of police of central district that revoked permission previously granted by the police for the public meeting on October 29.

The bench agreed with the police that the decision to rescind its approval was not arbitrary.

The court said the apprehensions raised by the station house officer (SHO) of the police station concerned, who is aware of the ground realities, should not be brushed away by constitutional courts.

“Though Articles 19(1)(a) and 19(1)(b) of the Constitution deals with freedoms to raise one’s voice but at the same time the possibility of creating a law and order situation which can result in loss of lives, property etc cannot be ignored and therefore the reason given in the letter dated October 16, 2023, cannot be said to be arbitrary,” the bench added.

The DCP’s October 16 letter flagged concerns about the event. It said the organisation claimed to work to create awareness about constitutional rights but “the language written on posters available on social media… shows the agenda of the event appears to be communal.”

The organisers appearing through advocate RHA Sikander argued that there was nothing offensive in the language of the posters. Sikander said the organisation was ready to modify the language in the posters and change the date.

Lawyer Apoorv Kurup appearing for Delhi Police said the organisation should have sought permission to conduct a mahapanchayat, as one of the posters described the proposed public meeting.

The court has granted the organisation liberty to approach the DCP after the festive season ends and provide a list of speakers along with an assurance that the event will not result in communal tension in the area.

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