2 weeks ago
Karnataka HC Allows Mysuru Torchlight March on Independence Day Eve
On August 14, some people in a city called Mysuru, in India, wanted to walk together carrying torches.
They were celebrating the day before India's Independence Day.
The police had said no, because they were worried the walk could cause arguments or traffic problems.
A group called the Hindu Jagarana Vedike asked a big court, the Karnataka High Court, to help.
A judge named Justice Suraj Govindaraj said the people should be allowed to celebrate.
He said no one should be stopped from celebrating Independence Day just because people guess there might be trouble.
The walk could happen from 5:30 in the evening to 7:30 in the evening.
But the people had to walk in neat rows, with only five people in each row.
They also had to keep the road clear so ambulances and cars could pass.
Nine people promised to make sure everyone stayed safe and peaceful.
The Karnataka High Court set aside the police refusal and allowed the Hindu Jagarana Vedike's torchlight march in Mysuru on August 14.
Justice Suraj Govindaraj held that citizens cannot be prevented from celebrating Independence Day merely on apprehension of communal tension.
The march from RMC Ganesha Temple to Doddagadiyara Circle will run from 5:30 PM to 7:30 PM with no more than five people per row.
The court rejected State concerns over traffic and organisers' criminal antecedents, noting only about 100 people would walk a 4-km route.
Nine organisers must take responsibility for the peaceful conduct, and the order does not cover the proposed stage event at Anjaneya Swami Devasthana.
- Who
- The Karnataka High Court (Justice Suraj Govindaraj) and the petitioner Hindu Jagarana Vedike, opposed by the State of Karnataka through Additional Advocate General Bhanu Prakash.
- What
- The court quashed the police endorsement refusing permission and allowed the 'Akhanda Bharatha Sankalpa Diwas' torchlight march in Mysuru with conditions.
- Where
- Mysuru, Karnataka, India, along a route from RMC Ganesha Temple to Doddagadiyara Circle.
- When
- The order was passed on Friday, August 14; the march was permitted from 5:30 PM to 7:30 PM on August 14, with permission originally refused on August 6.
- Why
- The court held that every citizen must be allowed to celebrate Independence Day and that mere apprehension of communal tension or pending chargesheets cannot justify preventing it.
Petitioners (Hindu Jagarana Vedike)
State of Karnataka / Police
Allowing the march on Independence Day eve
Petitioners (Hindu Jagarana Vedike)
Celebrating Independence Day is a fundamental right and cannot be denied on mere apprehension of communal tension; marching on the eve of August 15 is a tradition because India attained independence at midnight.
State of Karnataka / Police
The route passes through the 'most sensitive area' in the whole of Mysuru and the march could trigger communal violence around Independence Day.
Organisers' criminal antecedents
Petitioners (Hindu Jagarana Vedike)
Merely because chargesheets have been filed against certain persons does not mean they cannot participate in Independence Day celebrations; nine organisers have taken responsibility and provided their Aadhaar details.
State of Karnataka / Police
Some organisers have criminal antecedents and could engage in unlawful activities, including alleged vigilantism of identifying people as Bangladeshis at railway stations and attacking them.
Traffic and emergency vehicle access
Petitioners (Hindu Jagarana Vedike)
Only about 100 people will walk a 4-km moving route on a sufficiently wide road, so the impact on traffic will be limited.
State of Karnataka / Police
The procession could cause traffic congestion and interfere with the movement of ambulances and other emergency vehicles; an alternative route was suggested.
Key facts
- Court
- Karnataka High Court
- Judge
- Justice Suraj Govindaraj
- Petitioner
- Hindu Jagarana Vedike
- Event
- Akhanda Bharatha Sankalpa Diwas torchlight march
- Route
- RMC Ganesha Temple to Doddagadiyara Circle (4 km)
- Timing
- 5:30 PM - 7:30 PM, August 14
- Conditions
- Orderly march, five people per row, road left free for traffic
- Not permitted
- Stage programme at Anjaneya Swami Devasthana
Quotes
Justice Suraj Govindaraj
Judge of the Karnataka High Court
“"Sr. Counsel Aruna Shyam appearing for the petitioners has submitted that organisers would take all responsibility with respect to the said procession and ensure that no untoward incident takes place."”
republicworld.com
“"Merely because chargesheets have been filed against certain persons does not mean they cannot be allowed to participate in Independence Day celebrations…"”
republicworld.com
Sources
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