Postpone rally, Hyderabad HC suggests TJAC chief Kodandaram
The judge told the petitioner not to allow ego take precedence and consider alternatives suggested by the court and the police.
Hyderabad: The Hyderabad High Court on Monday asked the TJAC to decide and inform the court on Tuesday if it was amenable to suggestions to postpone the proposed ‘unemployment rally’ from February 22 to Sunday, February 26, and also to shift the venue.
Justice A. Ramalingeswara Rao was hearing a petition by Telangana Vidhyavantula Vedika, one of the wings of the TJAC, represented by Prof. M. Kodandaram, seeking permission for the rally in the city.
The judge asked B. Rachana Reddy, counsel for the petitioner, to get instructions from her client to the court’s suggestions to postpone the rally to Sunday it would cause less inconvenience to the people.
The judge told the petitioner not to allow ego take precedence and consider alternatives suggested by the court and the police. Ms Reddy submitted that the city police had rejected permission for the rally citing various reasons, including participation of extremists and law and order problems.
She said denying permission would amount to suppression of democratic right of expression and speech. Citing various judgments of the Supreme Court, Ms Reddy said that reasonable restrictions on taking out a rally would be understandable, but the police was putting exclusionary conditions.
She said that earlier rallies taken out by TJAC had been peaceful.
TS advocate-general K. Ramakrishna Reddy, arguing on behalf of the police, submitted that the police had information that the TJAC was trying to mobilise large gathering, on the lines of recent “Jallikattu” agitation in Tamil Nadu.
He told the court that the TJAC had initially sought permission for a gathering of 1,000 to 1,500 youth, but after applying for permission, TJAC activists have toured the state, covering 138 places, including universities and important colleges to mobilise a large number of people.
He said several of earlier agitations by TJAC witnessed vandalism, arson and violence which led to destruction of public and private property, besides causing injuries to police personnel and large-scale inconvenience to the public.
The A-G said that since the petitioner was not willing to specify the number of likely participants, there appeared to be an ulterior motive.
He said the police had reliable information that organisations owing allegiance to Left wing extremists groups were supporting the proposed rally. “Whenever such outfits had extended support to an agitation, they had infiltrated the agitating groups and created violence leading to use of force by the police,” the A-G said.
Besides, the route sought by the petitioner’s organisation -- from Sundaraiah Vignan Kendram of Baghlingampally to Indira Park via RTC Cross Roads -- is not a notified route and has high traffic density, the A-G said.
He said it would be extremely difficult for the police to monitor public order all along the 3.1 km-long route. Indira Park is situated in the heart of the city and there are important establishments, educational institutions, Secretariat and Assembly in and around the Dharna Chowk at Indira Park which has a very limited capacity of 1,500 to 2,000 people and mobilising such huge crowds in the heart of the city will lead to chaos and affect public safety and security, the A-G said.
He said that the police had advised the petitioner to choose either the open grounds near SS Convention of Shamshabad, Nagole Metro Rail, Miyapur, Abdullapurmet, Cherial village in Keesara mandal and open grounds at WALAMTARI of Rajendranagar to hold the public meeting without taking out a rally.
Reacting to the arguments, Justice Ramalingeswara said that since Dharna Chowk was small as claimed by the police, the petitioner can look into the option of holding a public meeting at Nizam College Grounds and the NTR stadium could be for parking of vehicles of the participants, which can lessen the public inconvenience.
The judge also suggested the police to look into the possibility of allowing the petitioner to hold the meeting at Nizam College Grounds. The judge pointed out that gathering of huge crowds in city during working days will certainly cause inconvenience to the public, if the rally is held on Sunday, it will have a lesser impact.