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2026 DAILYLAW 8978 (KAR)

KARNATAKA STATE ROAD TRANSPORT EMPLOYEES LEAGUE (R) v. THE CHIEF SECRETARY

WP/12716/2026 · 2026-04-22

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:21995 WP No. 12716 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 12716 OF 2026 (GM-RES) BETWEEN: KARNATAKA STATE ROAD TRANSPORT EMPLOYEES LEAGUE (R), A REGISTERED TRADE UNION UNDER THE TRADE UNIONS ACT, 1926, HAVING ITS OFFICE AT NO.54, 6TH CROSS, NEAR POLICE STATION, WILSON GARDEN, BANGALORE - 560 027 REPRESENTED BY ITS PRESIDENT, SRI. CHANDRA SHEKAR R S/O RAMREDDY, AGED ABOUT 47 YEARS. …PETITIONER (BY SRI. NATARAJ SHARMA S, ADVOCATE) AND: 1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA ROOM NO.320, 3RD FLOOR, VIDHANA SOUDA BANGALORE - 560 001. 2. THE SECRETARY, DEPARTMENT OF HOME ROOM NO.222, 2ND FLOOR, VIDHANA SOUDA, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21995 WP No. 12716 of 2026 BANGALORE - 560 001. 3. THE DIRECTOR GENERAL OF POLICE POLICE CENTRAL OFFICE, NRUPATHUNGA ROAD, BANGALORE - 560 001. 4. THE COMMISSIONER OF POLICE, INFANTRY ROAD, BANGALORE CITY, BANGALORE - 560 001. 5. THE INSPECTOR OF POLICE UPPARPET POLICE STATION UPPARPET, BANGALORE - 560 009. 6. THE SECRETARY DEPARTMENT OF TRANSPORT, 3RD BLOCK, MS BUILDING, DR. AMBEDKAR ROAD, BANGALORE - 560 001. 7. THE MANAGING DIRECTOR KARNATAKA STATE ROAD TRANSPORT CORPORATION, CENTRAL OFFICE, K.H. ROAD, BANGALORE - 560 027. …RESPONDENTS (BY SRI. KIRAN ROA, AAG A/W SRI. ADITYA DIWAKAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF MANDAMUS, ORDER OR DIRECTION DIRECTING THE RESPONDENTS NO.3 TO 5, TO PERMIT THE PETITIONER AND ITS MEMBERS TO CONDUCT A PEACEFUL PROTEST AND INDEFINITE HUNGER STRIKE AT FREEDOM PARK, BENGALURU, - 3 - HC-KAR NC: 2026:KHC:21995 WP No. 12716 of 2026 FROM 21.04.2026 OR ON SUCH OTHER DATE AS THIS HON'BLE COURT DEEMS FIT AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is instituted calling in question the legality and correctness of the endorsement issued by respondent No.5, whereby the request of the petitioner– association seeking permission to conduct a peaceful protest and to undertake an indefinite hunger strike at Freedom Park, Bengaluru, from 24.04.2026 or on any other suitable date, has been declined. The petitioner has also sought issuance of a writ in the nature of mandamus directing respondent Nos.3 to 5 to accord necessary permission to hold such protest. 2. Learned AGA appearing for the State, on instructions, has placed on record a memo enclosing the impugned endorsement issued by the Commissioner of Police as well as a copy of the order passed by the Division Bench of this Court in W.P.No.5781/2021. Placing reliance on the said materials, it is contended that the application submitted by the petitioner is - 4 - HC-KAR NC: 2026:KHC:21995 WP No. 12716 of 2026 fundamentally defective and does not conform to the statutory framework governing grant of permission for protests. It is further submitted that in view of the binding regulatory regime now in force, namely, the Licensing and Regulation of Protests, Demonstrations and Protest Marches (Bengaluru City) Order, 2021 (for short, “Rules, 2021”), any application seeking permission to hold a protest is required to strictly adhere to the prescribed procedure, including submission of requisite forms in Form Nos.1 to 4. It is thus contended that the rejection of the petitioner’s application is justified and that the petitioner, if so advised, may either assail the endorsement in appropriate proceedings or submit a fresh application in strict compliance with the Rules, 2021. 3. This Court has given its anxious consideration to the rival submissions and has perused the material on record. A careful examination of the writ papers would indicate that the petitioner seeks permission not merely for a regulated protest, but for an indefinite hunger strike at a notified public place. Such a prayer, on the face of it, runs contrary to the principles laid down by the Hon’ble Supreme Court in Amit Sahni - 5 - HC-KAR NC: 2026:KHC:21995 WP No. 12716 of 2026 (Shaheen Bagh) v. Commissioner of Police 2020 (10) SCC 573, wherein it is authoritatively held that while the right to protest is a fundamental right in a democratic polity, the same is subject to reasonable restrictions and cannot extend to indefinite occupation of public spaces causing inconvenience to the general public. 4. In the light of the aforesaid enunciation of law and having regard to the regulatory framework now brought into force under the Rules, 2021, which mandates strict compliance with procedural requirements including submission of applications in prescribed Forms Nos.1 to 4, this Court is of the considered view that the prayer sought in the present petition cannot be countenanced. The endorsement impugned is thus in consonance with the governing statutory scheme and does not warrant interference under Article 226 of the Constitution of India. 5. However, it is made clear that the rejection of the present writ petition shall not foreclose the petitioner’s right to seek permission afresh. Liberty deserves to be reserved to the petitioner to submit a fresh application strictly in compliance - 6 - HC-KAR NC: 2026:KHC:21995 WP No. 12716 of 2026 with the Rules, 2021, in which event the competent authority shall consider the same in accordance with law, bearing in mind the parameters laid down therein. 6. Accordingly, this Court proceeds to pass the following: ORDER i. The writ petition stands dismissed; ii. However, liberty is reserved to the petitioner– association to submit a fresh application seeking permission to conduct protest/demonstration strictly in compliance with the Licensing and Regulation of Protests, Demonstrations and Protest Marches (Bengaluru City) Order, 2021; iii. If such an application is submitted, the competent authority shall consider and dispose of the same expeditiously, strictly in accordance with law and in the light of the observations made herein. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK/List No.: 1 Sl No.: 29