Democratic Process Can't Be Curbed Unreasonably: Karnataka High Court Asks Police To Permit Use Of Loudspeakers For Trade Union's Campaign

The Karnataka High Court recently directed the police to permit a trade union to use loudspeakers for creating awareness about the organisation of a protest subject to certain conditions, observing that an awareness campaign is a facet of democratic process which cannot be restricted unreasonably. The court was hearing a plea moved by Centre for Indian Trade Unions and its President challenging a 04.02.2026 endorsement by the police rejecting the Union's application to use loudspeakers on two autorickshaws to create awareness amongst the residents of Malleshwaram, Bengaluru about a protest organised by the Union.Malleshwaram's Assistant Commissioner of Police had argued that petitioners cannot be permitted to use autorickshaws with loudspeakers because that area has educational institutions, hospitals, No Honking Zones and because senior citizens and persons who are unwell reside in the area. Justice BM Shyam Prasad in his order said:"This Court, in the circumstances of the case, is persuaded to opine that a campaign to create awareness [a facet of any democratic process] cannot be restricted unreasonably and that the second respondent's impugned Endorsement has the colour of an unreasonableness because he has not examined the circumstances such as the other Assistant Commissioners of Police permitting a similar request and the stipulations that must be"The court noted that similar permissions had been granted by ACPs of other divisions on certain conditions, such as – ensuring autorickshaws do not obstruct traffic, bear all expenses incurred for police protection, ensure autorickshaws do not ply around educational institutions or hospitals, use only box loudspeakers and not DJs, no defamatory material is put out on the loudspeaker, compliance with noise pollution norms, ensure autorickshaws do not ply beyond 10 pm. "The second respondent is directed to permit the petitioners to have the use of two autorickshaws on 12.02.2026 with loudspeakers on conditions that are referred to above," the court added. The counsel for the petitioners submitted that the decision to reject the petitioners' application without even considering whether conditions could be imposed is arbitrary. He relied upon similar permissions granted by the Assistant Commissioners of Police of other Sub-Divisions. The counsel said that though the request is for using autorickshaws on 10.02.2026 and 11.02.2026, the court may direct the ACP to permit the petitioners to use loudspeakers on two autorickshaws while imposing reasonable conditions.Disposing of the petition the court directed the ACP Malleswaram to permit the use of two autorickshaws with loudspeakers on certain conditions. Case title: SHRI NAVEEN R & Anr. v/s STATE OF KARNATAKA & Anr. WRIT PETITION NO. 4513 OF 2026 Click Here To Read/Download Order

Democratic Process Can't Be Curbed Unreasonably: Karnataka High Court Asks Police To Permit Use Of Loudspeakers For Trade Union's Campaign

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