Plea To Hold 'Tiranga Rally' To Support Protesting Farmers Today: Gujarat High Court Issues Notice To State Authorities Returnable By Jan 27

In a Plea by Patidar Anamat Andolan Samiti (PAAS) seeking permission to hold procession on January 26th 2021 (Tiranga Rally in Surat District), the Gujarat High Court on Monday (25th January) issued notice to the State Government and the Surat Police returnable on 27th January, 2021. The order by Justice Vipul M. Pancholi would essentially mean that the Patidar Anamat Andolan Samiti (PAAS) will not be able to lawfully take out the rally today i.e., on Republic Day. The Petitioner association had sought permission to hold procession on January 26, 2021, consisting of 200 persons, beginning at 09.00 a.m. commencing from Shahid Smarak Sarthana, Surat, which would have ended to the Statute of Sardar Vallabhbhai Patel, Mangadh Chowk, Minibazar, Varachha, Surat. As reported by 'The Indian Express', the petitioner association had stated in the petition that the decision to take out the rally was in a bid to "show solidarity with the agitating farmers and also to ventilate their grievances about non-withdrawal of the cases which have been recorded during the agitation of the petitioner association and also to allot a government college in Varachha area". It was also stated in the plea, while "programmes of the party in power" are continuously permitted in Surat city, in case permission is sought for an event from the police by any other person "who are not attached with the party in power, the respondent authorities feel (such events) will create an issue of law and order". Before the Court, the Counsel appearing for the petitioner submitted that on 24th January, the permission as prayed for by the petitioner had been rejected. To this, the Court said, "According to this Court, when the written order of rejection has been passed, the petitioner has to challenge the same by way of amendment. Accordingly, petitioner is permitted to amend the petition." Looking to the averments made in this petition, urgent notice was issued to the respondents returnable on 27th January, 2021. In related news, the Telangana High Court on Monday (25th January) directed the Rachakonda Police Commissioner to accord permission to the Telangana Rashtra Rythu Sangam (TRRS) to hold a 'farmers parade' on Tuesday (26th January) in Hyderabad. The Bench of Justice K. Lakshman was hearing the plea of Telangana Rashtra Rythu Sangam (TRRS) and a social activist who stated before the Court that they wish to organize a protest in solidarity to the farmers' protest in Delhi. Notably, the Allahabad High Court on Monday (25th January) asked the Uttar Pradesh authorities to explain why Sub-Divisional Magistrates issued notices to farmers with tractors to furnish 'exorbitant personal bonds' in the wake of farmers protests. A division bench of Justices Ramesh Singha and Rajeev Singh passed the order in a PIL filed challenging the notices issued under Section 111 of the Code of Criminal Procedure on January 19 asking farmers to furnish personal bond in the range of Rs 50,000 to Rupees 10 lakhs and two sureties for the like amount citing apprehension of breach of law and order amid farmers protests. It may be noted that a large group of farmers have been protesting near Delhi borders since November 26 demanding the repeal of three controversial farm laws passed by the Parliament last year. The protesting farmers unions have announced that they will hold a tractor rally in Delhi on the Republic Day. Ahead of the tractor rally, there were reports that the UP administration has asked fuel stations in all districts to not provide diesel for farmers' tractors. However, the UP police later said that such notices have been withdrawn. Click Here To Download Order/JudgmentRead Order/Judgment

Plea To Hold 'Tiranga Rally' To Support Protesting Farmers Today: Gujarat High Court Issues Notice To State Authorities Returnable By Jan 27

Sparsh Upadhyay

The order would essentially mean that the Patidar Anamat Andolan Samiti (PAAS) will not be able to lawfully take out the rally today i.e., on Republic Day.

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