IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO. 695 OF 2010 VIJAY JAGANNATH SALVI .. .. PETITIONER VERSUS The Senior Inspector of Police, & Ors... .. RESPONDENTS Mr. Rajesh Datar for the petitioner Mr. V.B. Konde-Deshmukh, APP CORAM: SMT. RANJANA DESAI & SMT. MRIDULA BHATKAR,JJ. DATED : 2/3/2010 P.C. Not on board. Mentioned urgently. 2. By consent of the parties taken up for hearing. 3. Shiv Jayanti festival is to be celebrated tomorrow i.e. on 3/3/2010 in Kalyan city. This petition is filed by Chief of Shivsena for Kalyan City unit. It is inter alia stated in the petition that in order to mark 350th year of assassination of Afzal Khan Shivsena wants to depict the scene of assassination of Afzal Khan by displaying the same on a poster in Kalyan city 4. Mr. Datar, learned advocate appearing for the petitioner states that Shivsena wants to take out procession in the city of Kalyan with the poster depicting assassination of Afzal Khan. The petitioner had requested Deputy Commissioner of Police, Circle 3 Kalyan to give permission to display the above mentioned poster during procession which the Shivsena intends to take out in various parts of Kalyan. The DCP Kalyan has vide his letter dated 26/2/10 declined to give permission to display a poster on the ground that last year during Ganpati Festival a similar poster was displayed in Meeraj which resulted in communal riot and destruction of public properties. It is further stated in the letter that it is feared that if such a permission is granted there is likelihood of breach of public peace. Being aggrieved by the said order, the petitioner has approached this court. 5. We have heard Mr. Datar, learned advocate for the petitioner and learned APP Mr. V. B.Konde-Deshmukh. 6. Mr. Datar, learned advocate for the petitioner submitted that the rejection of application of the petitioner is violative of the petitioner’s right under Article 19 of the Constitution of India. He submitted that the Constitution guarantees freedom of expression to people. It is submitted that factual depiction of history cannot be objected to. Because history is not palatable to a section of population, it cannot be erased. He submitted that, therefore, this court should grant permission to the petitioner as prayed. 7. Learned APP on the other hand submitted that consideration of public peace and tranquility has persuaded the police to reject the petitioner’s application. In order to strike a balance between the petitioner’s constitutional right and consideration of public peace and tranquility, we had directed learned APP to contact the concerned branch of police to find out whether workable solution is possible. 8. As directed by us learned APP contacted the DCP office and on instructions from Mr. Ajay Landge, Reader attached to office of DCP Kalyan, made a statement that the police will allow the petitioner to take out the procession with the poster depicting assassination of Afzal Khan only in Ram Baug area which is not a sensitive area. However, in other areas permission cannot be granted. In other areas even the poster cannot be displayed in a pandal. Learned APP submitted that in other areas procession can be taken out without poster as that is not prohibited. We find approach of the police to be reasonable. We would not like the petitioner to take any steps which would endanger public peace in the area by provoking a section of people. To us consideration of public peace is higher than any other consideration. Hence in view of the statement made by learned APP on instructions from Mr. Ajay Landge, Reader attached to office of DCP Kalyan, that the police will allow the petitioner to take out the procession with the poster depicting assassination of Afzal Khan only in Ram Baug area which is not a sensitive area, however, in other areas permission cannot be granted, we pass the following order: The police shall allow the petitioner to take out a procession in Ram Baug area of Kalyan city with the poster depicting assassination of Afzal Khan. However, in no other area shall they take out any procession displaying the said poster. The said poster shall not be displayed in any pandal in the other areas. Needless to say that this does not prohibit the petitioner from taking out procession without a poster in other area. We expect the police to keep adequate police bandobast in Kalyan city tomorrow i.e. on 3/3/2010, particularly in Rambaug area. We hope and trust that the petitioner and all concerned shall keep peace. Petition is disposed of in the aforestated terms. Learned APP shall communicate the order to the DCP Kalyan city. Petitioner shall also communicate the order to the DCP Kalyan city. (SMT. RANJANA DESAI, J.) (SMT. MRIDULA BHATKAR, J.)