IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF DECEMBER, 2017 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.58069/2017(GM-POLICE) BETWEEN:
SMT. BHAVYA H. S., AGED ABOUT 34 YEARS, W/O M.S. HARISH, PROPRIATRIX, M/S THE TIME CREATIONS, A PROPRIETARY CONCERN, NO.7, GOVINDA ROA STREET NEAR SHESHADRIPURAM LAW COLLEGE SHESHADRIPURAM, BANGALORE 560020. REPRESENTED BY LETTER OF AUTHORITY HOLDER SHRI. M.S. HARISH, ... PETITIONER (BY SRI UDAY HOLLA, SENIOR COUNSEL FOR SRI M. S. SHYAM SUNDAR, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, BY THE DEPARTMENT OF HOME AFFAIRS, REPRESENTED BY THE PRINCIPAL SECRETARY, HOME MINSTRY, VIDHANA SOUDHA BANGALORE-560001.
2. THE DIRECTOR OF POLICE STATE OF KARNATAKA OFFICE OF DGP, NRUPATHUNGA ROAD, BANGALORE-560001..
3. THE COMMISSIONER OF POLICE BANGALORE CITY, OFFICE OF POLICE COMMISSIONER, INFANTRY ROAD, BANGALORE-560001.
4. THE DY. COMMISSIONER OF POLICE BANGALORE NORTH EAST DIVISION, BANGALORE-560002.
... RESPONDENTS (BY SMT. B.P. RADHA, AGA) …… THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO IMMEDIATELY TAKE ALL MESURES AND ISSUE CLEARNACES AND PERMISSION TO THE PETITIONERS EVENT NAMELY "SUNNY NIGHT IN BENGALURU" TO BE HELD ON THE EVE OF 31ST DECEMBER 2017 AT WHITE ORCHID CONVENTION CENTER, INDORR HALL NO.9, ADJACENT TO MANYTA TECH PARK, HEBBAL K.R. PURAM RING ROAD, NAGAWARA, BANGALORE-560045 FEATURING BOLLYWOOD ACTRESS MS. SUNNY LEONE [KARENJIT KAUR VOHRA] AND OTHER ARTISTS, AND BE PLEASED TO.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The above writ petition is filed seeking a writ of mandamus directing the respondents to immediately take all measures and issue clearance and permission to the petitioners event namely “Sunny Night in Bengaluru” to be held on the eve of 31st December 2017 at White Orchid Convention Center, Indorr Hall, No.9, Adjacent to Manyata Tech Park, Hebbal, K.R.Puram Ring Road, Nagawara, Bengaluru-560 045 featuring Bollywood actress Ms. Sunny Leone (Karenjit Kaur Vohra) and other artists.
2. When the matter was taken up today at 2.40 pm, the learned Senior Counsel Sri Udaya Holla, submitted that there are number of permissions granted to various persons in Bengaluru City by the respondents to conduct such event as the one the petitioner is seeking permission to conduct. He submits that inspite of the representation made on 01.12.2017, till today, the respondents have not taken any action and the respondents are exhibiting discriminatory attitude between individuals. Therefore, he sought to allow the writ petition for the relief sought for.
3. The matter was passed over at the request of the learned Government Advocate to get instructions as to:
(i) Whether similarly situated persons like petitioner have been granted permission by the respondents.
(ii) Why the respondents have not considered the petitioner’s representation dated 01.12.2017.
(ii) Why the respondents are showing discrimination between the individuals.
4. Smt. Radha, learned Government Advocate produced copy of the affidavit of Sri T.Suneel Kumar, Commissioner of Police, Bengaluru City, filed in W.P.No.55403/2017, stating that the Police are taking all necessary steps to ensure that no untoward incident occurs in Bangalore on December 31, 2017 and January 1, 2018. In particular, the Bangalore City Police are taking the necessary steps to ensure that law and order is maintained. The copy of the affidavit is taken on record.
5. When the matter is taken up at 5.25 pm today, the learned Government Advocate, on instructions from Sri Girish.S. Deputy Commissioner of Police, Bengaluru North East Division, Bengaluru, who is present before Court, submits that in the entire city of Bengaluru, no such permission is granted and there is no discrimination as alleged by the petitioner. The said submission is placed on record.
6. Learned Government Advocate submits that in response to the representation dated 01.12.2017, Annexure-D, the Deputy Commissioner of Police, Bengaluru North Division, Bengaluru City, sought certain clarifications from the petitioner. If the petitioner furnishes the said clarifications, the representation at Annexure-D will be considered and appropriate orders will be passed. The submission is also placed on record.
7. In response, to the said submission of the Addl.
Government Advocate, Sri Udaya Holla, learned Senior Counsel for the petitioner, on instructions, submits that the clarification will be furnished by tomorrow itself.
8. For the reasons stated supra, there is no impediment for the respondents to consider the petitioner’s representation and pass orders. In view of the above the Deputy Commissioner of Police, Bengaluru North East Division, is directed to consider the petitioner’s representation dated 01.12.2017, Annexure-D, and pass appropriate orders on or before 25th December 2017, in accordance with law.
With the above observations, writ petition is disposed of.
Office is directed to communicate copy of this order to the learned Government Advocate, forthwith.
Sd/-
JUDGE kcm