Permission granted for Pune procession on Tipu Sultan birth anniversary, HC told

Mumbai, Dec 17 (PTI) Police on Tuesday informed the Bombay High Court that they have granted permission for a procession planned on December 24 in Pune to celebrate 18th century Mysore ruler Tipu Sultan’s birth anniversary.

A division bench of Justices Revati Mohite Dere and Prithviraj Chavan, which was informed about the permission granted by the Pune rural police, noted a person has the right to take out a procession, but he has to abide by conditions and restrictions imposed as per law.

The HC observed it was the police's job to ensure no untoward incident happens during an event and suggested them not to cite law and order issue every time.

The bench was hearing a petition filed by Faiyaz Shaikh, the Pune unit president of the All India Majlis-e-Ittehadul Muslimeen (AIMIM), seeking a direction to the police to grant permission to hold a rally to commemorate the birth anniversaries of Tipu Sultan, freedom fighter Maulana Abul Kalam Azad and also the Constitution Day.

The procession to mark all three occasions has been planned for December 24.

As per the plea, the Pune rural police had refused to give nod for the rally and asked the petitioner to celebrate the occasions at his private place and not in public arena. The police had apprehended such rallies may cause law and order problems.

The bench had last week directed the police to consider the plea seeking permission for the event.

On Tuesday, the bench was informed that the police have granted permission for the procession to be held on a designated route.

The petitioner, however, said the police were yet to issue a no objection certificate (NOC) for putting up banners and arches for the event.

Public Prosecutor Hiten Venegaonkar maintained there was some restlessness about the proposed procession and hence permission has been granted for holding it on a particular route, but now the petitioner wants to put up banners and arches all over the city.

The bench directed the police to take a decision within 24 hours on the application seeking to put up banners and arches related to the event.

"What is mandated in law for any such procession needs to be followed. Same will apply here too. Why should an exception made in this case?" the bench asked.

"No one can stop you (petitioner) from holding the rally/procession. (On putting up) Banners and arches, let the police decide," it emphasised.

The court noted law and order was the domain of the police and it was not going to interfere in that.

"You (petitioner) have the right to take out a procession -- that is OK, but if the police feel there will be a law and order situation then we are not going to interfere. We are not aware of the ground reality. Police knows it better. We cannot pass a blanket order," the HC observed.

At the same time, the bench advised the police to now stop using the law and order reason in each and every case.

"It is the police's job to ensure no untoward incident happens. It is time to change this attitude of law and order now. Law and order is the police's domain. Don't tell us every time law and order," the court said.

The bench took note of the permission granted for the procession and disposed of the petition. PTI