- 1 - NC: 2025:KHC:8080 WP No. 5408 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 5408 OF 2025 (GM-POLICE) BETWEEN: 1. RASHTRIYA SURAKSHA JANANDOLAN SAMITHI MYSORE UNREGD. ORGANIZATION REP BY ITS CONVENOR SRI MAHESH B B AGED ABOUT 39 YEARS, S/O BABU B R/AT 194, SRI BOTLAPPA YUVA SHANGH BUILDING KADAGADALU TQ MADIKERI, KODAGU DISTRICT KARNATAKA- 571248 2. SRI MAHESH B B AGED ABOUT 39 YEARS S/O BABU B R/AT 194, SRI BORLAPPA YUVA SHANGH BUILDING KADAGADALU TQ MADIKERI KODAGU DISTRICT KARNATAKA- 571248 …PETITIONERS (BY SRI. ARUNA SHYAM M., SR. COUNSEL A/W SRI. SUYOG HERELE E.,ADVOCATE) AND: 1. THE COMMISSIONER OF POLICE MYSORE MYSORE DISTRICT KARNATAKA -570010 Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8080 WP No. 5408 of 2025 2. POLICE INSPECTOR KRISHNARAJA POLICE STATION MYSORE DISTRICT KARNATAKA- 570024 3. THE POLICE INSPECTOR DEVARAJA POLICE STATION MYSORE DISTRICT -570001 …RESPONDENTS (BY SRI.K. SHAHSIKIRAN SHETTY, AG SRI. V.G. BHANUPRAKASH., AAG A/W SRI. SHAMANTH NAIK., HCGP) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 20/02/2025 IN NO. N/KRPS/CC//2025 AND SUM DRPS/CC//2025 ISSUED BY THE RESPONDENT NO.2 AND 3 AND ALL FURTHER PROCEEDINGS PURSUANT THERE TO (PRODUCED AT ANNEXURE-A AND B) AN ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The 1st petitioner is an unregistered organization and the 2nd petitioner as a convener of the organisation has given a written request at Annexure-D to the Police Commissioner, Mysore on 18.02.2025 seeking permission to hold a rally today at 10:00am enabling the procession - 3 - NC: 2025:KHC:8080 WP No. 5408 of 2025 to be held commencing from the Gun House to Kote Anjaneya Swamy Temple. There are four reasons stated in the representation which forms the basis or the reason for the petitioners to hold a rally. However, the impugned endorsement has been issued to the petitioner on 20.02.2025 declining to grant permission where it is stated that having regard to the purpose for which the rally is sought to be taken out, there is a clear possibility of the rally disturbing the peace and tranquility of the public and has a potential to instigate communal clashes and it would become difficult for the police to maintain law and order. 2. Learned Senior Counsel Sri Arun Shyam appearing for the petitioners would submit that the petitioners have a fundamental right to hold a rally or a peaceful protest. It is submitted that on 10.02.2025, the Udayagiri Police at Mysore suffered due to the stone pelting at the hands of certain members of the society. The petitioners want to hold out a rally showing that the public in Mysore stand with the police and they condemn the acts of such unruly - 4 - NC: 2025:KHC:8080 WP No. 5408 of 2025 mobs, which pelted stones against the police. Learned Senior Counsel therefore submitted that the respondent Commissioner of Police, Mysore, should have permitted the holding of the rally. 3. Attention of this Court is drawn to a judgment of the Hon’ble Supreme Court in the case of Anita Thakur and Others /vs./Government of Jammu and Kashmir and others – (2016) 15 SCC 525, where it was held that citizens are guaranteed fundamental right of speech, right to assemble for the purpose of carrying peaceful protest processions and right of free movement. Learned Senior Counsel would also submit that having regard to the directions issued by the Hon’ble Supreme Court in the said case, the petitioners are ready and willing to give necessary undertaking and a bond, in terms of the directions issued by a Co-ordinate bench of this court in the case of Sri Veeranjaneya Dharma Jagruthi Balaga and another /vs./ The State of Karnataka and others in W.P.No.15400/2023 dated 18.07.2023. - 5 - NC: 2025:KHC:8080 WP No. 5408 of 2025 4. On the other hand, learned Advocate General in the morning session submitted that under similar circumstances, when the permission was granted for holding peaceful protest, the protest turned unruly and there were many cases of injury sustained by the general public. As a consequence, he is today before the Dharwad Bench of this Court answering the questions raised by this Court in the matter of protecting public peace and tranquility and compensation payable to the injured persons. Learned Advocate General submitted that the persons like the petitioners and the organization would state before this Court that they would take responsibility if any untoward incident happens during the rally or protest. However, when things go out of control and on account of the violent mob injury is sustained by the general public and the property, the petitioners will throw up their hand and run away. Ultimately, it would be on the State and its police personnel to answer the queries that would be raised by the Court. - 6 - NC: 2025:KHC:8080 WP No. 5408 of 2025 5. Having regard to the background in which the protest is sought to be carried out at the hands of the petitioners, this Court suggested that it would be very difficult for the police to control the crowd if the rally is taken out on the public streets. Therefore, a suggestion was made by this Court that any large area, though not designated for holding protest, if identified by the petitioners, then this Court may direct the respondent police to consider grant of permission. Learned Additional Advocate General, who was present in the Court was also requested to find out from the Mysore Police as to whether there is any such open space, where the protest can be held peacefully. 6. Learned Additional Advocate General has come back to this Court saying that there are only two places where such a protest can be held accommodating a fairly large crowd. However, it is found that in one of the place suggested prior permission will have to be taken and fees will have to be paid. Therefore, the only other option - 7 - NC: 2025:KHC:8080 WP No. 5408 of 2025 available is Football Ground at Mysore. However, the learned Additional Advocate General would add that Section 144 has been imposed in Mysore city foreseeing any trouble that would be caused because of the proposed rally and protest and Commissioner of Police may require some more time to relax the imposition of Section 144 only to the limited area, where protest is permitted to be held. 7. Consequently the writ petition stands disposed of directing the respondent - Commissioner of Police, Mysore to permit the petitioners to hold a peaceful rally only within the premises of the Football ground at Mysore. For that purpose, the Commissioner of Police may also pass necessary orders relaxing the conditions imposed in Section 144 only to the area where the protest is permitted to be held. The petitioners shall execute a bond in a sum of Rs.1,00,000/- (Rupees One lakh) in favour of the jurisdictional Tahsildar and same shall be tendered before the Commissioner of Police. The entire proceedings - 8 - NC: 2025:KHC:8080 WP No. 5408 of 2025 shall be videographed both by the petitioners as well as the respondent police. Needless to observe that the protest will be held peacefully and the organizers, petitioners shall ensure that provocative statements will not be made which may incite communal feelings either amongst the persons present in the ground or in the general public. If any untoward incident occurs, the petitioners will be held liable for the same. The protest and the proceedings shall be held only for a limited period of one hour or one and half hour and not further. The time for holding the protest is tentatively fixed at 3.30 p.m. Needless to observe that the respondent - Commissioner of Police and the State shall deploy sufficient force to take care of the law and order. Ordered accordingly. Sd/- (R DEVDAS) JUDGE KLY CT: JL