Telangana HC Directs the Police to Grant Permission to Conduct Parade on Republic Day in Certain Conditions

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Excerpt

In Smt. Pasya Padma vs The State Of Telangana, on 25 January 2021, the Telangana High Court granted liberty to the petitioners to apply to the Commissioner of Police, with a request to accord permission for conducting parade on 26.01.2021, and on receipt of such application, the Court directed the Commissioner of Police, to accord permission for the same.

Brief Facts of the Case 

The fact of the case is that respondent No.2 did not grant permission to organize a farmer’s parade in Hyderabad scheduled on 26.01.2021 from Indira Park to People’s Plaza on Necklace road.

Submissions of the Petitioners

The petitioners’ learned counsel contended that the said organizations have committed to the protection of rights of the farmers and have been struggling within the constitutional framework and to espouse the cause of organization with the passage of Farm Bills by the Union of India. They want to organize a protest in solidarity with the farmers’ protest in Delhi.

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He also submitted that in the said course of action, both the petitioners made an application dated 21.01.2021 to the second respondent with a request to grant permission for a parade from Indira Park to People’s Plaza, Necklace Road, or to Nizam College on 26.01.2021. In the application of 21.01.2021, it is mentioned that in the parade, motorbikes, four-wheelers, and some tractors carrying the national flags displaying farmers’ produce and highlighting their contribution and their demands for improving the situation of farmers would participate.

Learned counsel for the petitioners further submitted that they are expecting 300 vehicles to participate in the event. Despite receiving and acknowledging the application dated 21.01.2021 of the petitioners, the second respondent neither rejected nor accorded the permission. Therefore, the present Writ Petition is filed.

Submission of the Respondent 

The learned Government Pleader contended that the Joint Commissioner of Police, HFAC Central Zone, Hyderabad City, rejected the application of the petitioner’s vides order dated 25.01.2021. Such a rally on the arterial road during the peak traffic hours with large gatherings would throw the traffic out of gear and cause traffic jams. There are intelligence inputs of a heightened threat from extremist and terrorist organizations concerning the Republic Day Celebrations, etc. For the said reasons, the request of the petitioners was rejected. 

Further Submission of the Petitioners

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Then, the learned counsel for the petitioners, in consultation with the petitioners, gave an alternative route from Saroornagar Indoor Stadium, L.B.Nagar to Rajiv Gandhi International Cricket Stadium, Uppal. On instructions, he further submitted that only two-wheelers and four-wheelers would participate and no tractors would participate in the parade. Therefore, he prayed this Court to pass orders directing the Commissioner of Police, Rachakonda Commissionerate to grant permission for the said parade on 26.01.2021 from 2.00 pm to 5.00 pm on the imposition of certain conditions and the petitioners would abide by the same. He further submitted that the petitioners would make a representation to the Commissioner of Police, Rachakonda Commissionerate to that effect, giving an undertaking that they would take responsibility in the event of any untoward incident during the parade.

Further Submission of the Respondent

After that, the learned Government Pleader for Home, on instructions, submitted that the Commissioner of Police, Rachakonda Commissionerate would grant permission to the petitioners on the imposition of certain conditions.

Directions of the Court 

The Court granted liberty to the petitioners to make an application to the Commissioner of Police, with a request to accord permission to conduct parade on 26.01.2021, and after receiving of such application, the said Commissioner of Police, was directed to accord permission to the petitioners for conducting parade on 26.01.2021 from 2.00 pm to 5.00 pm from Saroornagar Indoor Stadium, L.B.Nagar to Rajiv Gandhi International Cricket Stadium, Uppal, on the imposition of certain reasonable conditions. The Court also directed that in the said application, the petitioners shall specifically mention the undertaking to the effect that they will take responsibility in the event of any untoward incident during the parade and that they will not permit the tractors to participate in the parade.

For the original Order of the Court – “Click here


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