THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.10415 OF 2011 DATED: 15-04-2011. Between K.Nanda … Petitioner And 1.The Commissioner of Police, Cyberabad and three others …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.10415 OF 2011 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India to issue writ of mandamus declaring the action of the 3rd respondent in not passing any orders on the application, dated 13-04-2011 and in not permitting to conduct the procession i.e., Shobha Yatra with D.J. system, on 18-04-2011 then holy day of Hanuman Jayanthi as arbitrary, illegal, violative of Principles of Natural Justice while issuing a consequential direction to the respondents herein to accord permission on the petitioner’s application, dated 13-04-2011. 2. Heard both the counsel. 3. On instructions, the learned Government Pleader stated that the request of the petitioner for taking procession was rejected for the reason that there is no such practice for the petitioner to take procession in the route as claimed by him and also it would cause inconvenience to the persons as the procession has to go through the roads and therefore, writ petition is devoid of merit and is liable to be dismissed. 4. Learned counsel appearing for the petitioner placed reliance on the decision reported in SHAIK PIRA BUX (DEAD) AND OTHERS V KALANDI PATI AND OTHERS [1], wherein it was held thus: “The law on the subject of rights of persons to take out religious processions was settled by the Privy Council in Manzur Hasan v. Muhammad Zaman, 52 Ind App 61 = (AIR 1925 PC 36). The learned counsel has not challenged that decision, but appeals to us to incorporate more reasonable restrictions so as to fully preserve the right of the appellants-defendants to say their prayers in peace in the mosques. In our opinion there is no reason why we should not follow the decision of the Privy Council in Manzur Hasan v. Muhammad Zaman, and the form of declaration given therein. The declaration given by the Privy Council paid due regard to the rights of both communities. We accordingly substitute the following declaration "That the plaintiffs have a right to take out both religious' and non- religious processions with the accompaniment of music on the highways of Alkund and Nuagaon villages (1) subject to the order of the local authorities regulating the traffic and (2) subject to the Magistrate's directions under any law for the time being in force and the rights of the public." From the above decision, it is clear that the subject of rights of persons to take out religious processions was already settled, but subject to certain restrictions that may be imposed by the local authority for regulating traffic and also from the Magistrate directions and also the rights of the public. Ordinarily, the petitioner is at liberty to take out procession i.e., Shobha Yatra, but that is not absolute liberty. Procession and enjoyment of rights are subject to such reasonable conditions as may be deemed to the competent authority. Public essential to the safety health, peace general order of moral of the community. Therefore, reasonableness of the restriction has to be determined in an objective manner and from the stand point of the interests of the general public and not from the point view of the persons upon whom restrictions are imposed. At the same time, restriction must not be arbitrary or of excessive nature so as to go beyond the requirement of interest of the general public. The obstruction, annoyance or injury or any other danger or disturbance must assume sufficiently grave proportions to bring the matter within the interest of public order or general public. Since the petitioner is seeking to take procession from 7.00 A.M. to 1.00 P.M. and if absolute stay is granted from 8.00 A.M. onwards, definitely it would cause inconvenience to school going children in view of the fact that the procession has to go through the roads. If the permission is granted after 9.00 A.M., it would cause inconvenience to the persons who have to go to the offices. If the permission is granted after 10.00 A.M., it would cause inconvenience to the business people and other persons. Therefore, in such circumstances, it is not desirable to grant absolute permission for taking procession to the petitioner for the entire time as sought for. In view of the fact that from starting point to the end is only about 2 K.Ms., the said distance can be covered within one hour. Therefore, if the permission is granted from 7.00 A.M. to 8.00 A.M., it would not cause any inconvenience to the general public or any other persons. Hence, permission is granted to the petitioner to take procession from 7.00 A.M. to 8.00 A.M. on 18-04-2011 subject to following conditions: 1. there should not be any slogans shouting while taking procession. 2. the procession can be taken out peacefully without causing any hindrance to the general public. 3. the respondent shall depute such number of police persons so as to see that the procession should be proceeded through the route peacefully. 4. the petitioner shall not use any loudspeakers during the course of procession. 5. Police are at liberty to take appropriate action/decision in accordance with law if the petitioner or any member of procession violates any one of the conditions as stated above. 5. With the above directions, the Writ Petition is disposed of. No order as to costs. --------------------- K.C.BHANU, J DATED: 15-04-2011 Note: Issue Wire at party’s Cost. Hsd [1] AIR 1970 SC 1885