✦ High Court of India · 22 May 2025

High Court · 2025

Case Details High Court of India · 22 May 2025
Court
High Court of India
Decided
22 May 2025
Length
2,702 words

I[=.,",f;frif#f[i*:i"*,s"sffirs1,':rff ciii ,-t-d"?ian"rabad, Hvderabadriouro, tn6 Secunderabad Cantonrn c'.'"tii'iiiit e;;id-, 5 ecu d n e ra b a d' H vd era b ad .."p by tt,s chief Executive officer, at ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to lssue.an order' direction particularly one in the nature of WRIT OF MANDAMUS or any other appropriate order /orders declaring the impugned reiection orders passed by the 4th Respondent which was not served to the petitioner and basing on the alleged reiection orders of the 4th respondent issuing the present impugned letter dated 2O-5-2o25 vide Lr'No SCB/RS/Open Ground/Gymkha na 12O25t1157 by the sth respondent is illegal' arbitrary' unconstitutional and violation of constitution rights guaranteed by the article 14' 19 and 21of the constitution of lndia' as well as natural justice and liable set-a- side the impugned orders dated 2o-5-2O25 vide Lr-No SCB/RS/Open Ground/ Gymkhana t202511157 of 5th Respondent while directing the sth respondent accord the permission, permitting the petitioner to perform the world peace j festival sr;hedrrled on 24_5-2025 at Gymkhana Grounds support tho world peace festival , basing on the application dat IANO:1O F 20i25 Secunderabad for er:j. 1 5-5-2025 petjtion under Section 151 CpC praying that in the circurrstances stated in the affidavit fiteC in support of the petition, the High Court m.ry be pleased to direct the respondents NO. .1 to 5 to permit tne [utitioner. t. perform the world peace festival 'xeeting scheduled on 24-s-2o2s at Gym(hana Grounds secunderat'ad f, support the worrd peace festivar , basing or the apprication dated 15-5.202r IA NO :2 oF 2021; petition under Section 151 CpC praying that in the circu.nslances stated in the affrdavit filed n support of the petition, the High court may be preased to suspend the impuqned letter dated ZO_S_2O2Svide Lr.No. SCB/Ri'/Open Ground /Gymkhana '202!ir1157 0f Sth Respondent whire directing the ,lth respondent accord the r)ermission' permitting the petitioner to perform tho worrd peace festivar meeting schedured on 24-5-2025 at Gymkhana Grounds secunderabad for support the world peace pending disposal of the above writ petition Counsel for the pr:titioner: SRt. c. L. NARASIMHA RAO Counsel for flre Respondent Nos. 1to4: Gp FOR HOME Counsel for the Respondent No.5: SRI KOTESHWAR RAO, SC FOR CANTONMENT BOARD The Court marle the following: ORDER a THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA WRIT PETITION No.15 265oF 2025 ORDER: This Writ Petition is frled by way of House Motion r.rnder Article 226 of Constitution of India praying to issue WritofMandamustodeclaretheimpugnedrejection orders passed by respondent No'4 and basing on the alleged rejection ord'ers of respondent No'4 issuing the present impugned letter dated 20'O5'2025 by respondent No.S as illegal and further prayed this Court to set aside the irnpugned order dated 20'O5'2025 issued by respondent No.5 and prayed to direct respondent No'5 to accord permission to conduct world peace festival schedtrled to be held on 24'05'2025 in Gymkhana Grorrnds, Secunderabad for Support the world peace festival and fi.rrther requested to suspend the impugned letter dated 2O-O5.2O25 of respondent No'S directing the respondent No.4 to accord permission'

2. Ttre rnain grievance of the petitioner is that the SocietY)' (unreactred Millions petitioner-GosPel NNRJ wp_t5265 2025 2 represented by its Executive Member is wor.king for the entire World to upgrade the 1ifestyle of tl-re unrr:achsd p661 people with t.he activities in the entire World, headed by Dr. K.A.l)au[ and they are running thr: acrtir,.ities in the entire world and whenever the Countries in the several places in the entire World nearer to the War, the petitioner was worl<in6; to setback those wars. Besidr:s that the petitioner is intending to perform meeting on cccasion of 'stopped rvar' between India and pakistan to errlighten the people for peilce and to avoid the wars in world, where Dr. K.A.Paul doir-rg the sarne since long decades. It is also further srtatr_-d that the petitioner has applied for permissior-r or-r 15.O5.2O25 to Respondent No.4 in respect of conductinll a 'Globar peace Festival, on 24.o5.2o2s, wlrerein ttLey are inviting 2OOO people and leacler.s.

3. It ir; also further submitted that the CEO of Gyrnkhanzt C rounds has also granted permission for conductin5l thr: Grobar peace Festival to respondent No.4 after pavi.g lrrescribed fee. Further, th. petit.ioner has received;!he letter dated 20.Olc.2O2S from respondent No.5 NNR-J wp 15265 2025 3 who gave perrnission for utilizing Gymkhana Ground for conducting the said Global Peace Prayer and they have found that permission was not accordgd by respondent No.4 as such they intimated to get permission from the police and other departments as the meeting is going to be held on 24.O5-2O25' 4 Having aggrieved by the same' the present writ petition is hled contending that the petitioner has conducted sirnilar meeting earlier in the year 2022 on ttre eve of the Gandhi Jayanthi and earlier also respondent No.4 tras rejected the said application on various grounds' The present application of the petitioner was rejected by the respondent No'4 on the following reasons' '1. The proposed date for this e'iuent rs 24-05-2025 (Saturday) which is a working day' This period will witness peak vetricular traflic rnovernent on ttre citJr roads; The above ventte is Iocated near main road towands Panj agutta and Secunderabad Road' numbers of 2. In the absence of clearly specilied the Police to participants, it will be extremely difficult for . Moreover, a plan and irnplement adequate Band-o bust it challenging sudden increase in the crowd w'ill also rnake for ttb police to restrict thern and there will always be .-! NN&J w 15265 2025 4 possibitity ()f the crowd suddenly msh towards m,ain road; it will catrse crtrstmction to the free flow of Traffrc.

3. The :rgarLizer has not specifred the route,/routes through which t he 1; articipants will be rnobilized.. In the ab sence of clearly rner: tioned route/routes, the tra-ffic wing rvil.l hnd it extreme:ly clifhcult to regulate the crowds comirrg for this event, h,esid es ensuring srnooth regular traffic flow..

4. Perm issic rt to conduct ,,Globa,l peace prayer meetlng,, at aforernentioned wenue cannot be granted, as it ma.y throw public l:.fe out of gear and cause enormoLls inconven ience to road us;ers, employees ald particularly si,:k peol:rle who require urge nt medical assistance.

5. The usir.: g of loud disturbance to local Rasoolprll2 ,tnd they may complain. speaker with audible residences Balamrai, sound, create Anr:La Nagar, 6- There is no suffrcient palking place at Venue ar.ea for exper:ted gathering of public. Pl.oposed

7. The o rgar: izer of this event has not indicated the specific number of ;articipants. The proposed venue has a very lirnited crowrl holding capacit5r. It has been experre:nced that the nureber of participalts invariably becornes mtrch higher. Flence, there is possibilit5r of large mrrnber of people gatherintj bey'ond the capacity of proposed venue which would cituse nLrisance, disturbance to pr-rblic pea<:.e and inconvenience to local public and also traflic congestion around all tlre roads surrounding. 8. It will cau se huge traffrc congestion in and arour.rd the wenue proposed. NNR.J w'15265 2025 5

9. Recently, Dr. K A Paul has rnade derogatory comrnents and provocative statements against some political leaders' due to which some political pa-rty members may protest irr the meeting create mrisance and public tranquility' 1O. The permission for the said "Global Peace prayer meeting" cannot be given in view of ttre prevailing seclrrity scenario, as ttrere is likelihood of d'isturbance to the Public Peace and Law & Order-"

5. Being aggrieved by the same, the present writ petition is filed by way of Holrse Motion'

6. Having heard Sri Brahmadandi Ramesh' learned senior counsel representing Sri G'L'Narsimha Rao' learned counsel for the petitioner appeared virtually and Sri Mahesh Raje, learned Government Pleader for Horne appeared physically for respondent Nos'l to 4 and Sri K.R'Koteshwar Rao, learned Standing Corrnsel appeared virtually for resPondent No'5' 7 . The rnain grievance of ttre petitioner is that petitioner is intending to condlrct a Global Peace Prayer' headed by Dr.K.A.Paul on 24'O5'2025 frorn 5 to 1O P'M' in Gyrnkana grounds and they are invitin g 2OOO spiritual the prayers. It is also contended that the people for T a1aa. 1.. ; : ',j.:. lfifl:'l NN&J wp-15265 2025 6 petitioner- has also applied for permission l_o respondent No.5 whc,vicle letter dated 20-O5.2025 gr.anted permission, but it is rstated that by the tirne they granted ir- is brought to . the r:oti<:e that police Departrnent has denied the permissic,n fbr conducting Global peace Festival at Gymkhar.a Cir:ounds and subsequently, the pel.itioner was served rvith the letter of perrnission g::anted on 14.O5.2Or1,5, subsequently on 20.OS.2Ot2S another letter was issued tr,rz respondent No.S to petitioner srtating that since the Police Departrnent denied the perrnission for conducting the peace festival on 24-os.2025, directed the petitioner to r:sn6ls61 the said festival only afte:.. obtaining permissio,s from police Department and other concerned departmerLts as required, failing which arrr>tment of ground for ccnducting the peace Festival rnay be treated as cancelk:d.

8. 'l'he petitioner contends that the pr.oceedings issued by of the Assistant Commissioner of polic:e law and order Northern Zone, Hyderabad, dated 2I.OS.2O2S I NNR,J wP'1s265 2025 7 wherein the Permission was rejected, has not been served upon the petitioner' for the said Global Peace PraYer g. Learned Senior Counsel appearing for the petitioner has subrnitted that the said meeting was conducted earlier in the similar places and even today' the petitioner 1S intending to conduct the same only for the purpose of conducting peace festival schedr'rled to be held on 24.O5.2O25. 1O. Learned Governrnent Pleader for Horne submitted that the main reasons for rejection of the said meeting by the police is that as 24'05'2025 is a working day and it would be extrernely d iffrcult for the police for Bandobasth making it a challenge for the police to restrict thern as ttrere will be a lot of inconvenience to the general public and there would' be huge traffrc and disturbance in respect of r.rsing of loud speakers and also it may affect ttre public life.

11. Considering the submissions of learned Government Pleader for Home that recently Dr'K'A'Paul + I :a-,. .*,+ 8 i.rN&J wp_.t5265 2025 (' has meLde derogatory cornrnents and provocative statements rtgainst some political leaderS, ,CLre to which sorne politiczrI party members may protest in the meeting, which cr€,ate nuisance and public tranquility. L2. Lea.r.ned counsel for the petiti,cner also contendecl that they are ready to abide by any conditions passed by th: s Court and that only 1ess than 1rf OO people would be attr-.nding the meeting and they r,r,ou ld arrange some volunteers to manage the entire inflow arrd outflow of vehicles. He further contended that it is onty to express their suptrrort in view of prevailing disturban<:es in the Country, he also contended that there will be nc; sp6:s6trsg against the: pohtical parties.

13. Though, learned counsel for responclents has opposed that l.here are organizers, who are also opposing the rneetinSl to 'be conducted, which may lead to some law and order s;ituation and tre also produced the letters and representationr; made by certain Bharat Christian Council which was, given to the Deput5r Commissioner of Police/respcrndr:n1_ No.4 on 20.os.2o2S, learned .!t- NNR,J wp 15265 2025 ) 9 Government Pleader for Horne kras also pointed out referrin$ to certain postings posted in tkre Social Media, wherein Dr. K.A.Paul said to have rnade some submissiorrs against the present Hon1cle Chief Minister of Telangana, the Hon'1cle Chief Minister of Andhra Pradesh and the Hon'lcle Prime Minister; that in view of the same the police have apprehended that there will be law and order problern.

14. On perr.rsal of the entire rejection letter.of the Comrnissioner of Police, it shows that except conditions 9 and 10, the reasons cited appear to be in respect of Bandhobasth, trafhc congestion and parking'

15. At this stage, learned Senior Counsel for the petitioner has submitted that they have suff,rcient space in the said ground for the purpose of parking and that if perrnission is granted the petitioner is ready to change the timings i.e., from 7:OO P-M to 9:OO P'M'

16. Considering the subrnissions of both the learned counsel, this Court is of the opinion that as it is seen that \t/ \ I A' \ \ NNR,J vrp_15265 2025 l0 earlier ttre similar prayer meeting was also conducted in the same plztr:e in the year 2022 at and as ol rr.ow it is not the case of the respondents is that in,the simi.lar rneeting, there was; no such disturbance occurred as stated by the learned (]overnment pleader for Home, and permission rnay be 13ra.ted by irnposing certain conditi.ns, as the present apgrlication is filed seeking pe::rn.ission for conductir:rg the said meeting in respect of the conditions laid in condition Nos 8, 9 and 1O, this Court ,:pinibns that not give any speeches r:lq1ing 11r" the petitioner shall meeting, e.xcept doing prayers.

77. lccordingly, the Writ petition is i,rllowed by setting aside the impugned letter dated 2o.os.2o2s and the proceedings, dated 2l.OS.2O2S. Responderrt Nos. 1 to 5 are dire,:tecl to perrnit the petitioner tc, cond.rrct G1obal Peace Festival scheduled to be held on 24 O5.2tO.25 subject to the following conditions: (i) Petitioner-society shall conduct p rayer meetinlg with not more than 1OOO people arrd they are per.mitted to use four (4) rnikes (3 pins) with -a. ,/ + NN&J wp 15265 2025 t1 45 decibels and they shall not use any DJ or any such other sound equipment which causes noise disturbance to the people in the vicinity' (ii) No person on the dias or off the dias shall give any speech except conducting prayers' (iiil The respondents shall provide necessary bandhobasth to the petitioner for conducting the aforesaid rneeting peacefully on payrnent of usual charges' (iv) Ttre said meeting shall be conducted on 24.()5.2025 in between 7:OO PM to 9:OO pM and shall be closed bY 9:OO PM the entire Programme sharp. (v) Petitioner-society shall furnish an undertaking in respect of steps' which they are going to take as to entire plan of the programme' rougtr sketch of the entire ground' total nurnber of participants to respondent No'4' (vi) Petitioner-society skrall also furnish an undertaking to respondent No'4 stating that they will be responsible and will be liable for any trntowardincidentifany'occrrrredinsrrch meeting. NNR"J \vp 15265 2025 '1 l2 (vii) None of the participants ()r the organizer"si shall give any slogans or do an.f sucl_r act which is against to the interest and irrtegrity of the Country. (,ziii) The respondent_police-are. at lib,:rty. to take e:ppr.opriate action in the event of violation of aforesaid oonditions. Miscr_.llaneous petitions, if any, pending s;hall stand closed. There shall be no order as to costs. //TRUE COPY// SD/. P. GOWRI SHANKAR \ DEPUTY REGISTRAR \ sEc;TtoN oFFICER To, 1 2 3 4 The F'rincipal Secretary (Home De partment) S The D rectc,r G eneral of Police, Tel angana state, at t-akdiker pccl Hyderabad The C:mm ssioner of police, Hyde rabd City at Jubli Hi s Hyd,lrabad The D,-. puty {)ommissioner of Police, North Zone, Secun derabrJ, Hyderabd City at Secudnerabad Hyderabad_ etariat , T.S ,Hyderabad D 7

5. The C hief E xecutive Officer,secundera bad Cantonmr:nt Boiard at Contonment Board Secudnerabad , Hyderabad One C to SRl. G L. NARASIMH A RAO, Advocate loPUCl Two Cl S to GP FoR HoME ,High Court for the Stat e of Telar gana at Hyderer bad [OUrl 8. One C(l to [iRI KOTESHWAR RAO, SC FOR CANTONIVE:N-'BOARD 9. Two CI) Col)ies loPUCl BM 4v' HIGH COURT DATEET:2210512025 VACATION COURT ORDER WP.No.152GS of 2025 :: r,i ^a, ? tn flii 86 ,) ( i? 'j 'IL ALLOWING THE WRIT PETITION WITHOUT COSTS t\ Y _,-z \ i\t \'''

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