1 PIL(ST).22439.2011.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION (ST) NO. 22439 OF 2011 Indian Peoples Tribunal ...Petitioner Vs. The Collector-Ratnagiri & Ors. ...Respondents Mrs. Gayatri Singh, Advocate for the Petitioner Mr. S.K. Shinde, Special Counsel for Respondent Nos.1 & 2 for State CORAM : MOHIT S. SHAH, C.J. AND MRS. ROSHAN DALVI, J. Date : 13th September 2011. P.C. Rule returnable forthwith. 1. The Petitioner claims to be a division of organization of Socio Legal Information Center working for justice for marginalised people and has conducted public hearings and fact findings in collaboration with local organisations on pertinent environmental and human rights issues. 2. By letter dated 26th July 2011 the Petitioner applied to hold an “open house at Mithgavane from 17th, 18th and 19th September 2011. The application read as under: “To, 26th July 2011 The Collector, Ratnagiri District Ratnagiri. Sub: Open House at Village Mithgavane, Ratnagiri on 17th , 18th and 19th September 2011. Ref: Order dated of the Hon’ble High Court at Bombay dated 15.07.2011 in Cr. PIL No.11 of 2011. 2 PIL(ST).22439.2011.sxw Dear Sir, We wish to inform you that Indian People’s Tribunal on Environment and Human Rights (IPT) at the request of the local people have invited Retd Chief Justice Smt. K.K. Usha, Retd Justice S.Sampat and Retd. Justice K.Sukumaran, to hold an open house at Mithgavane on 17th , 18th and 19th September 2011. Your cooperation and help is requested for the smooth functioning of this peaceful programme. Sincerely, Sd/- For the IPT Secretariat.” 3. By the impugned reply dated 17th August 2011 the District Magistrate, Ratnagiri rejected the application on several grounds. The Petitioner Organisation has, therefore, approached this Court by filing this Petition under Article 226 of the Constitution of India. 4. Mrs. Singh, learned Counsel for the Petitioner has submitted that all that the Petitioner proposes to do on 17th , 18th and 19th September 2011 is to organise a meeting of about 50 to 60 persons to discuss the issues relating to Jaitapur Nuclear Power Plant and that it is not going to be a public meeting where thousands of people are invited. Learned Counsel states that the Petitioner is ready to furnish a list of all the participants including local people and guests who are going to attend the meeting on 17th , 18th and 19th September 2011. 5. It is submitted that the apprehension that the meeting will have any impact on Navaratri Ceremony is not well founded because Navratri Ceremony will commence from 27th September 2011, but the meeting will be over one week prior thereto. 6. Regarding the apprehension voiced by the authorities in the impugned 3 PIL(ST).22439.2011.sxw reply that there is likelihood of breach of peace, it is submitted that reference made to some other untoward incidents at some other public meeting is misconceived as this is going to be an indoor meeting of a limited number of people who are going to gather together to express views on the subject of Jaitapur Nuclear Power Plant. It is submitted that merely because the participants at the meeting may not agree with the official views on the project, it would not mean that the participants cannot express their views. 7. Learned Counsel has also placed reliance on the decision of the Constitutional Bench of the Supreme Court in the case of Himat Lal K. Shah Vs. Commissioner of Police, Ahmedabad (1973) 1 SCC 227. The Court also dealt with a similar situation where the police authorities had refused to grant permission to hold a public meeting on the ground that in case of a similar permission granted earlier, certain elements had indulged in rioteering and caused damage to private and public properties, regarding which a crime also has been registered. The permission was also refused to maintain law and order. 8. On the other hand Mr. Shinde learned AGP supported the impugned reply. 9. Having heard the learned Counsel for the parties and having regard to the fact that the meeting is proposed to be held in a private place where only 50 to 60 persons are going to attend the meeting and the petitioners are ready to furnish particulars of all the participants at the meeting including the local people and the guests coming from other places, we are of the view that the apprehension about breach of peace or any threat to maintenance of law and order is not well founded. 10.Even while granting the reliefs as prayed for, we cannot help expressing 4 PIL(ST).22439.2011.sxw that if the Petitioner organisation holds itself out as the peoples’ tribunal there is likelihood of some misgivings about the role which the Petitioner proposes to play. The name “the tribunal” used by the Petitioner is likely to mislead the people at large that a Court or a quasi judicial body set up by the Government would hear the participants and that conclusions which may be drawn at the meeting are findings of the Government or an official agency established under a valid law. In order to remove any such misconception, the learned Counsel for the Petitioner states that the Petitioner will not use the word “tribunal” while conducting the meetings or on the banners for meetings proposed to be held on 17th , 18th and 19th September 2011. Hence subject to abiding by the aforesaid statement made on behalf of the Petitioner and in view of the fact that what is proposed to be done by the Petitioner on 17th , 18th and 19th September 2011 is a meeting at a private place where only 50 to 60 people are going to attend the meeting, we direct the Respondent Collector, Ratnagiri to permit the Petitioner to hold meeting at village Mithgavane on 17th , 18th and 19th September 2011, subject to the above conditions. 11.The Petitioner shall furnish the list of participants including the local people and the guests and the exact timings of the commencement and completion of the meeting with address of the meeting to be held to the Collector, Ratnagiri District by 16th September 2011. . 12.Rule granted in the above terms. CHIEF JUSTICE ROSHAN DALVI, J.