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In Absence Of Documentary Evidence, Gujarat High Court Refuses To Direct State To Enact Law Restricting Public Meetings On Public Roads
Bhavya Singh
16 Aug 2023 8:01 AM GMT
The Gujarat High Court has refused to issue a direction to the State for enacting a law preventing any individual, entity, candidate, or political party from conducting public meetings on public roads, while holding that no such writ can be issued in absence of any documentary evidence to that effect.“Merely praying for such a direction would not entitle a person for grant of such writ,...
The Gujarat High Court has refused to issue a direction to the State for enacting a law preventing any individual, entity, candidate, or political party from conducting public meetings on public roads, while holding that no such writ can be issued in absence of any documentary evidence to that effect.
“Merely praying for such a direction would not entitle a person for grant of such writ, in absence of any documentary evidence produced on record, for this Court to take cognizance. The petitioner herein has preferred representation before the authorities, which are pending, before the authorities, the same be considered in accordance with law", the Court held.
The bench comprising of Justice Vaibhavi D Nanavati was adjudicating a writ petition filed by a person under Article 226 of the Constitution, seeking direction to State authorities to frame law preventing public meetings on public roads without prior permission.
The plea was filed by Rajveer, claiming to be a social worker residing in Ahmedabad who was nominated as a candidate for 35-Gandhinagar South Assembly Constituency in a recent assembly election.
It was submitted that on 01.12.2022 at 11:00 a.m., the Petitioner observed an obstruction on the public road connecting New CG Road from the Highway. The road was completely blocked by individuals, and a 70-foot stage had been set up with the assistance of the Police, causing inconvenience to commuters using that road.
Thus, the Petitioner further requested the Court to direct the Collector, District Magistrate, Election Officer, Execution Officer, Police Commissioner, and Police Inspector to take legal action against those responsible for the said meeting.
The Petitioner had also lodged an online complaint on 02.12.2022 with the Election Commission of India in respect of the said incident. The online complaint was resolved by the Election Commission of India. On 05.12.2022 the petitioner submitted representations to various State Authorities, seeking their attention to the matter. However, no action has been taken.
The Court acknowledged that one of the prayers in the petition was in the nature of public interest, urging authorities to frame laws preventing public meetings on roads. However, the Court opined that another prayer which sought action against officers responsible for the specific meeting incident, was based on theoretical or hypothetical grounds.
“In the opinion of this Court, the said prayer can be said to be based on theoretical or hypothetical grievance of the petitioner wherein power under Article 226 of the Constitution of India, ought not to be invoked, considering the fact that there is no decision by any of the authorities where the parties have committed illegality, irrationality or procedure impropriety, seeking interference from this Court.”
While observing that no evidence was placed on record by the Petitioner upon which the Court could take cognizance, the Court refused to issue any direction and granted liberty to the Petitioner to take appropriate steps as per law.
Case Title: Rajveer Versus State Of Gujarat
Case Citation: 2023 Livelaw (Guj) 134
Case No.: R/Special Civil Application No. 11803 Of 2023
Counsel for Petitioner: Jucky Lucky Chan
Counsel for Respondents: Ayaan Patel, AGP
Click Here To Read/Download Judgement
