THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.14497 of 2010 Date: 25.6.2010 Between:
M/s.Hazarat Ghouse-A-Azam Welfare Society, Hyderabad rep by its Organizer – President, Moosa Khan, Hyderabad.
… Petitioner.
And The Government of A.P.
rep by its Commissioner of Police, Greater Hyderabad Municipal Corporation, Basherbagh, Hyderabad and another.
…… Respondents THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.14497 of 2010 ORDER:
This writ petition has been filed by M/s.Hazarat Ghouse-A-Azam Welfare Society, Hyderabad represented by its Organizer – President, Moosa Khan assailing the order dated 1.5.2010 passed by the 2nd respondent- Deputy Commissioner of Police, South Zone, Hyderabad.
The petitioner filed an application before the Deputy Commissioner of Police, South Zone, Hyderabad seeking permission to take out Jhanda procession on 1.5.2010 on the eve of the celebrations of Giyarvin Shareef of Hazrath Ghouse-E-Azam Dastagir on elephant from Chilla Mubarak to Charminar. The permission sought for by the petitioner to take out such procession came to be rejected by the Deputy Commissioner of Police, South Zone, Hyderabad on 1.5.2010. The order passed by the Deputy Commissioner of Police, South Zone, Hyderbad-2nd respondent reads as hereunder:
“ Refer your application dated 21-4-2010 addressed to the Dy.Commissioner of Police, South Zone, Hyderabad seeking permission to take out Jhanda Procession on Elephant from Chilla Mubarak to Charminar and return from Charminar to Chilla Hazrath Ghouse-e-Azam Dastagir (R.H) on 08-5-2010 from 07.00 pm to 10.00 pm. The application has been considered and rejected in public interest, owing to recent communal riots, which flared up during March 2010 in the old city. It is to inform you that curfew and section 144 was imposed to bring situation to normal. The prohibitory orders under section 144 Cr.Pc are still under operation. Apart from this there are intelligence inputs regarding possible terror attacks in Hyderabad City at the large gatherings. Hence, the police are carrying out vehicle checking, frisking and Anti-sabotage checks throughout the city on large scale duly alerting general public. Further the G.O.Ms.No.132 dated 22-12-2009 of Government of A.P. specifically mentioned guidelines with regard to dispensing with the sparing of the animals for processions as they are being subjected to torture etc., which is against the rules in vogue.
Hence permission is rejected.”
When the writ petition came up for admission, the learned Assistant Government Pleader for Home takes notice on behalf of the respondents 1 to 4.
Heard learned counsel appearing for the petitioner and the learned Assistant Government Pleader for Home appearing for the respondents 1 to 4.
The application filed by the petitioner seeking permission to take out Jhanda procession on the eve of celebrations of Giyarvin Shareef of Hazrath Ghouse-E- Azam Dastagir is rejected since Section 144 Cr.P.C was in operation in the said area. It is now represented by the learned counsel appearing for the petitioner that Section 144 Cr.P.C has been lifted, and, there is no prohibition with regard to the free movement of the public in the area from Charminar to Chilla Mubarak.
Such is the situation, I deem it appropriate to dispose of the writ petition directing the petitioner to make a fresh application to the Deputy Commissioner of Police, South Zone, Hyderabad seeking permission to take out Jhanda procession on the eve of the celebrations of Giyarvin Shareef of Hazrath Ghouse-E-Azam Dastagir on elephant from Chilla Mubarak to Charminar. In the event of such application being filed, the Deputy Commissioner of Police, South Zone, Hyderabad has to take into consideration the present situation and pass appropriate orders within a week of submitting the representation. No costs.
JUSTICE B. SESHASAYANA REDDY
Date:25.6.2010 Note:
Furnish CC within three days.
B/O mrb