Hon'ble Manish Kumar,J.
Supplementary affidavit filed today is taken on record.
Heard Shri Abhishek Singh, learned counsel for the petitioner and learned State Counsel for the State respondents.
This petition has been taken up today on the permission granted by the Court to take up the matter urgently.
The prayer made in this petition is that permission may be granted to the petitioner's organization to organize "Ulama" Conference on 10-02-2021 at the Scientic Convention Centre, Chowk, Lucknow permitting participation of seven hundred delegates/participants.
In the Supplementary Affidavit filed today, an order passed by the Deputy Commissioner of Police dated 08-02-2021 has been annexed whereby the permission has been granted to organize the aforesaid conference with maximum number of participants to be two hundred persons.
Submission of learned counsel for the petitioner is that the petitioner's organization while moving the application seeking permission to organize the conference vide its application dated 23-01-2021 had requested to grant permission for a gathering of around seven hundred persons, however, the Deputy Commissioner of Police has granted permission only for participation of two hundred persons.
Learned counsel for the petitioner has further stated that the order dated 08-02-2021 suffers from non application of mind inasmuch as though prayer was made by the petitioner in respect of participation of seven hundred persons however, while dealing with the said prayer, the Deputy Commissioner of Police has recorded in his order dated 08-02-2021 that the permission was sought for participation of two hundred persons only.
He has further submitted that 359 delegates/participants have got themselves registered for participation in the conference and the Deputy Commissioner of Police has granted permission for only two hundred participants and that too at the eleventh hour, which will disrupt the function.
Learned State Counsel while opposing the prayer made by the learned counsel for the petitioner has submitted that the order dated 08-02-2021 has been passed by the Deputy Commissioner of Police considering the law and order situation and also taking into account the extraordinary situation caused by the present pandemic as well as taking into account the apprehension of spread of the Corona cases. The permission for participation of two hundred persons has been accorded in accordance with extant Government Order.
He has also drawn attention of this court to Annexure No. 1 appended to the supplementary affidavit filed today whereby the State Government has circulated certain guidelines to be followed in view of the pandemic caused by the Covid-19.
Submission of the learned State Counsel is that the order dated 08-02-2021 does not suffer from any illegality and accordingly, this petition is liable to be dismissed.
We have given our conscious consideration to the submissions made by the learned counsel for the respective parties.
It is true that in the application dated 23-01-2020, the number of persons, who are expected to participate in the conference has been shown to be seven hundred by the petitioner and while passing the order granting the permission, the said number appears to have been wrongly recorded as two hundred. However, this fact itself will not vitiate the order if it is found to be otherwise lawful.
Right to assemble peacefully and without arms is a Fundamental Right available to every citizen under Article 19(1)(b) of the Constitution of India (hereinafter referred to as, the Constitution). However, the said Fundamental Right is subject to certain reasonable restrictions as enumerated in Sub Clause 3 of Article 19(1) of the Constitution. Sub Clause 3 states that nothing in Sub Clause (b) of Article 19(1) of the Constitution shall affect the operation of any law in so far as it imposes reasonable restriction on the exercise of the rights conferred by Article 19(1) of the Constitution in the interest of sovereignty and integrity of India or public order. Accordingly, fundamental rights enshrined under Article 19(1)(b) of the Constitution is not unrestricted and reasonable restrictions can be put by the State Government on exercise of such rights. Such restrictions are imposed in the interest of either (1) Sovereignty and Integrity of India or (2) Public Order.
From a perusal of the order dated 08-02-2021, it is clear that the permission for participation in the conference has been accorded subject to the condition that maximum number of participants shall be two hundred. The restriction of participation of two hundreds persons in the conference appears to have been imposed keeping in view the over all situation based on various reports from the authorities concerned. The said order also has taken into account the guidelines issued by the Government of India for dealing with the extraordinary situation caused by the Covid-19. Even otherwise, the satisfaction of the administration/police authorities as regards the law and order or the public order is primary in such matters and the Court cannot substitute its own satisfaction for the satisfaction of the authorities.
The order dated 08-02-2021 has elaborately dealt with the issue of granting permission and the Deputy Commissioner of Police has granted permission for participation of two hundred persons keeping in view the relevant factors including the situation caused by the present pandemic and that is why the conditions imposed in the order dated 08-020-2021 clearly requires the participants to follow various measures for preventing the spread of Covid-19.
In view of the aforesaid, we are not inclined to entertain this writ petition, which is hereby dismissed.
Order Date :- 9.2.2021 Ashish