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2025 DAILYLAW 83981 (KAR)

MOHAMMEDALI M JAMADAR v. THE STATE OF KARNATAKA

WP/102063/2023 · 2025-12-08

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:17521 WP No. 102063 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102063 OF 2023 (GM-POLICE) BETWEEN: MOHAMMEDALI M JAMADAR AGE. 47 YEARS, OCC. ADVOCATE, R/O. BELAGAVI OFFICE AT BAIL-UZ-ZOHRA COMPLEX DARBAR GALLI BELAGAVI-590001 …PETITIONER (BY SRI. WAQAR AHMED SHAHPURI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY PRINCIPAL SECRETARY MINISTRY OF HOME AFFAIRS OFFICE AT VIDHAN SABHA BANGALORE, KARANTAKA-560001. 2. THE DEPUTY COMMISSIONER OF POLICE (L AND O) BELAGAVI OFFICE AT COMMISSIONERATE ROAD, POLICE HEAD QUARTERS BELAGAVI-590001 3. THE COMMISSIONER OF POLICE BELGAVI OFFICE AT COMMISSIONERATE ROAD, POLICE HEAD QUARTERS BELAGAVI-590001 4. THE SUPERINTENDENT OF POLICE BELAGAVI OFFICE AT COMMISSIONERATE ROAD, SUBHASH NAGAR, POLICE HEAD QUARTERS BELAGAVI-590001 VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.12.11 16:18:08 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17521 WP No. 102063 of 2023 5. THE DEPUTY COMMISSIONER OPPOSITE COURT COMPLEX D C COMPOUND BELAGAVI-590001 …RESPONDENTS (BY SRI.T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: 1. DIRECT TO TAKE STRICT ACCOUNTABILITY FROM THE HEADS OF THE ORGANIZERS/LEADERS FOR CONDUCTING THE PROCESSION. 2. DIRECT TO STRICTLY PROHIBIT USE OF DEADLY WEAPONS LIKE SWORDS, KNIFE, LATHIS ETC IN THE PROCESSION. 3. DIRECT TO PROHIBITION FOR RAISING, ANTI MINORITY SIOGANS IN THE PROCESSION. 4. DIRECT TO VIDEO-GRAPH THE ENTIRE PROCESSION AS PRESCRIBED BY THE HON BLE SUPREME COURT OF INDIA. 5. DIRECT RESPONDENTS TO ALLOW RALLIES/PROCESSIONS ONLY ON THE MAIN ROADS AND MAY NOT BE ALLOWED TO ENTER INTO THE CITY/RESIDENTIAL AREA/STREETS. 6. DIRECT THE RESPONDENTS ONLY TO ALLOW TO USE OF SOUND SYSTEMS IN A PERMISSIBLE DECIMAL. 7. DIRECT TO LIMIT PARTICIPANTS OF THE RALLIES/PROCESSION TO CONTROLLABLE FIGURE. 8. DIRECT THE RESPONDENTS TO RESTRICTION ON USE OF BIKES AND FLAGS WANDERING UNNECESSARILY, USE OF PLACARDS, SONGS, WHICH ARE ANTI MINORITY MAY NOT BE ALLOWED TO USE IN THE RALLIES/PROCESSION. 9. DIRECT RESPONDENT TO ACCOMMODATE SPECIAL POLICE PROTECTION BE GIVEN TO MINORITY RELIGIOUS PLACES SUCH AS MASJID, DARGAH, CHURCH, 10.DIRECT THE RESPONDENTS TO REGISTER THE SUO MOTO FIR AGAINST ALL THE VIOLATIONS OF ANY KIND WHICH IS AGAINST THE LAW. 11.DIRECT TO COMPLY WITH RULES AND REGULATIONS OF THE KARNATAKA POLICE ACT AND KARNATAKA POLICE MANUAL. ANY OTHER MANDATORY DIRECTIONS MAY BE GIVEN AS THIS HON BLE HIGH COURT DEEMS IT FIT AND NECESSARY. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17521 WP No. 102063 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayers: 1. “Direct to take strict accountability from the heads of the organizers/leaders for conducting the procession. 2. Direct to strictly prohibit use of deadly weapons like swords, knife, lathis etc in the procession. 3. Direct to Prohibition for raising, anti Minority slogans in the procession. 4. Direct to Video-graph the entire procession as prescribed by the Hon’ble Supreme Court of India. 5. Direct respondents to allow Rallies/processions only on the main roads and may not be allowed to enter into the city/residential area/streets. 6. Direct the respondents only to allow to use of sound systems in a permissible decimal. 7. Direct to limit participants of the rallies/procession to controllable figure. 8. Direct the respondents to Restriction on use of bikes and flags wandering unnecessarily, use of placards, songs, which are anti Minority may not be allowed to use in the rallies/procession. 9. Direct respondent to accommodate special police protection be given to minority religious places such as Masjid, Dargah, Church, 10.Direct the respondents to register the Suo Moto FIR against all the violations of any kind which is against the law. 11.Direct to comply with rules and regulations of the Karnataka Police Act and Karnataka Police Manual. Any other mandatory directions may be given as this Hon’ble High Court deems it fit and necessary.” - 4 - HC-KAR NC: 2025:KHC-D:17521 WP No. 102063 of 2023 2. The prayers are eleven in number, none of which pertain to any personal or individual right of the petitioner. The reliefs sought are, in fact, in the nature of public interest, as projected in the petition. 3. It is therefore always open to the petitioner to avail himself of the remedy of filing an appropriate public interest litigation, if he so desires. Reserving such liberty to the petitioner, the present petition stands disposed of, as this Court cannot entertain even a single prayer sought by the petitioner as extracted hereinabove. Sd/- (M.NAGAPRASANNA) JUDGE AC CT:ANB List No.: 2 Sl No.: 29