Path is cleared for resumption of BJP State president Bandi Sanjay’s Praja Sangrama Yatra’s third phase with the Telangana High Court on Thursday setting aside the notice of Warangal police issued two days ago stalling it.
Justice T. Vinod Kumar heard the writ petition filed by BJP’s state unit as Advocate General B.S. Prasad insisted on its dismissal while petitioner’s counsel J. Prabhakar contended that stopping the ‘yatra’ amounted to curtailment of fundamental rights guaranteed under Article 19 of the Constitution. Both advocates presented their contentions for nearly three hours in the packed 14th court hall citing several legalities connected to the police notice which said Mr. Sanjay’s yatra had no prior permission and that he had made provocative speeches during the yatra.
The petition was moved as lunch motion the previous day by the BJP seeking suspension of the notice based on which the Warangal police stalled Mr. Sanjay’s march two days ago. They took him into preventive custody under Section 151 of Criminal Procedure Code stating that he and his party workers were planning to hold ‘Dharma Deeksha’. The notice also said this and the provocative speeches made by the BJP chief during the 20 days of yatra’s third phase were likely to create law and order disturbances.
Justice Lalitha Kanneganti, who heard the petition on Wednesday, instructed the police to present video records of the ‘provoking speeches’ of Mr. Sanjay along with details of the cases registered against him. Since the judge was on leave on Thursday, the matter was heard by Justice T. Vinod Kumar. When the AG presented a pen-drive of the video clips of the ‘provoking speeches’, the judge sought to know what was its authenticity, who recorded it and what was its source.
The AG replied that such videos were in public domain and media had recorded it. The judge observed that he cannot accept such unauthenticated material as evidence as per the provisions of Indian Evidence Act. Mr. B.S. Prasad told the bench that due to ‘paucity of time’, he could not secure the video records with full details. The judge said the AG cannot say that with entire state machinery at his disposal.
Petitioner’s counsel J. Prabhakar’s told the bench that it was not mandatory to secure prior permission to organise a ‘padayatra’. However, the BJP had sent emails to police officers concerned and submitted physical letter to DGP about it along with route maps as an ‘abundant caution’. He claimed the DGP ‘gave an oral permission’ for the yatra.
There cannot be any oral business in such matters, responded the AG. But the rules say that police officers can give oral permissions to such events and it was mentioned in the City Police Act, the petitioner’s counsel said.
Why did not the police stop the yatra if there was no permission, the judge asked the AG. Not agreeing with the contentions of the AG, the judge set aside the notice issued by the Warangal police paving way for resumption of the yatra by Mr. Sanjay.
