Hyderabad: A retired civil servant, Mr Md. Shafiquzzaman, has filed a public interest litigation in the High Court seeking its intervention on the Hyderabad police not according permission to individuals, organisations, political parties and others to hold peaceful rallies, dharnas and meetings as a means to express their dissent against certain decisions taken by the Centre.
This PIL has been filed in the backdrop of the passage of the Citizenship Amendment Act in Parliament and the proposed National Register of Citizens. This is being opposed by political parties, organizations. To protest the same, they are approaching the commissioner, Hyderabad police, seeking permission to hold protests. The police is denying permission after keeping the applicants on tenterhooks.
The petitioner submitted that upholding the right to freedom of Assembly is guaranteed in the Constitution and police cannot restrain a citizen to exercise his right. He contended that every citizen has a right to demonstrate and disseminate opinions.
The Indian Police Act, 1861 and the Hyderabad City Police, Act, 1348 F provide for regulation of public assembly or processions and Section 30 of the Indian Police Act, 1861 and Section 22 of the Hyderabad City Police Act, 1348 F clearly envisage that permissions should be accorded for peaceful assembly or procession,
In certain extreme conditions, where the police think permissions cannot be granted, then the magistrate of the district or its sub-division should certify that such an assembly will cause breach of peace. In such extreme conditions, the police should grant permission by imposing conditions. Contrary, to the above, Hyderabad police is not according permissions for peaceful assembly, dharnas and rallies.
The petitioner asked the court to issue a direction to the police commissioners of Hydera-bad and Cyberabad to produce the number of applications seeking permission in December last year and January.
He sought a direction to the police commissioners to strictly adhere to the provisions of the Indian Police Act, 1861 and the Hyderabad City Police, Act, 1348 F and to take a decision within seven days from the date of receipt of application.
