The Karnataka High Court on Monday upheld the law on not allowing processions or assembly of a group in the city without obtaining a licence under the Regulation of Public Processions and Assemblies (Bangalore City) Order, 2008 while holding that licencing provision is neither unconstitutional nor contrary to the Karnataka Police (KP) Act.
A division bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar passed the order while dismissing a petition by Divya Balagopal, a lawyer and daughter of a former IAS officer.
The petitioner had questioned Section 3 of the Regulations, 2008 while arguing that if the condition imposed in the regulation is strictly followed then even more than 25 school children cannot cross the road together without obtaining a licence from the police as the regulation terms congregation of more than 25 people on a public road as a ‘procession’.
The petition was filed in the background of interference by the police when students of an arts design institute in Yelahanka took out a procession against the Citizenship Amendment Act in December last year sans obtaining a licence from the police
However, the bench said that the definition of procession cannot be applied to the logic argued by the petitioner and held that Section 3 does not curtail the rights of people to hold a procession and public assemblies.
