The High Court of Karnataka on Friday declined to entertain a petition seeking a stay on Prime Minister Narendra Modi’s roadshows in Bengaluru on May 6 and 7 ahead of the assembly elections.
The petition filed by Amrutesh N P, a Bengaluru-based advocate, prayed for a direction to the authorities not to grant permission for the political roadshows in the state, especially in Bengaluru.
A vacation bench of Justices Krishna S Dixit and Vijaykumar A Patil held a special hearing on the petition. The petitioner stated that the duration of the rally and length of the road to be covered on May 6 and 7 being too much, the same should not be permitted. The petitioner produced newspaper reports and submitted that there should be a complete ban on holding political rallies of the kind before, during and after the election.
The advocate representing the District Election Officer (DEO) informed the court that a total of 2,517 rallies of various sizes were held throughout the state since March 29, 2023, and no untoward incident has been reported. The Bengaluru police commissioner, who was present before the court, submitted that the public would be informed reasonably in advance about traffic diversions.
The DEO further made a statement that they are going to consider the application for the grant of permission for the rallies to be held on May 6 and May 7 by keeping all the parameters of the law and after consulting the other officers. He also submitted that if the permission is granted, that would be for 26 km, at the longest, on May 6 between 9 am and 1.30 pm. The roadshow will be around 6.5 km on May 7 between 9 am and 11.30 am, keeping in view the NEET examination later on the day.
The bench cited the apex court judgement in the Lily Thomas case and said that political rallies have an element of dissemination of knowledge and information about the election process to the public at large for them to exercise their franchise choice. The bench also conceded with the argument that the right to hold political rallies, especially during the election process, has elements of the right to speech and expression, right to assembly and right to movement, constitutionally guaranteed under Article 19(1).
‘The above having been said this court places on record the broad submission made from the side of the respondents that while the political rally, if undertaken tomorrow and day after, all precautionary measures would be taken keeping in view the movement of ambulances, school and college buses, commutation of students, general public, movement of essential supply vehicles and the measures for non-escalation of environmental hazards and possible damage to public and private property during the rally. Submission that the level of inconvenience to the public would be immensely diminished by taking appropriate measures is also taken on record,’ the bench said.
