Green signal for Bandi Sanjay's padayatra: TS High Court says it's illegal to stop

Hyderabad: On Thursday, Telangana High Court gave the permission to resume Telangana State President Bandi Sanjay's padayatra, two days after it was stopped by Warangal district administration.

Further, it said that it was illegal to stop the padayatra.

On Thursday, the High Court Justice T.Vinod Kumar cleared the way for BJP TS President Bandi Sanjay's Praja Sangrama Yatra. The petition was filed by BJP Telangana unit State General Secretary Bangaru Shruti.

Wardhannapet Division, Warangal Commissionerate issued a notice on 23-08-2022 directing to immediately stop the ongoing Praja Sangrama Pada Yatra as it was illegal, arbitrary and against the principles of natural justice and violative of Article 19(1) a, b and d of the constitution of India.

The petitioners demanded that the state government and police allow Praja Sangram Pada Yatra phase - 3 of state president Bandi Sanjay Kumar as per the schedule and set aside the impugned notice.

Advocate General Banda Shivananda Prasad produced a pen drive before the court containing the provocative speeches of the BJP leaders in the Padayatra. He further submitted that if the Padayatra continues, law and order problems may arise, hence the police given impugned order not to continue the said Padayatra.

AG BS Prasad stated that the petitioners should have approached the police and take written permission so that appropriate arrangements can be made. Moreover, they cannot assume that they do have oral permission, to conduct meetings that will affect the public tranquility, peace and harmony in the society.

Due to the irresponsible statements of their own party MLA Raja Singh, a show cause notice has been issued to expel the party. This is the attitude of members of the party, Mr BS Prasad alleged.

Petitioner Counsel Prabhakar contended that the impugned notice issued by the police authorities is contrary to the provisions of the police act, 2015. The said act clearly specified that any notification issued under the said act is required to be published in Telangana Gazette, which has not been published.

Any notification to be issued prohibiting any assembly or procession for a period exceeding one week, the same should have the sanction of the Government and not by local authorities, the petitioner's counsel informed the Court. Thus, the issuance of notification by the local authority is an exercise without any cause of reason vitiated, Petitioner Counsel contended.

Further, the counsel contended that though there is no mandate in the city police act or under the act of 2015 for obtaining permission for undertaking the Padayatra. If the petitioner has not violated any norms, the police authorities cannot prevent Padayatra for a period of 21 days. Moreover, the police authorities had provided the necessary bandobast throughout the procession till the impugned order was issued.

After hearing both the contentions, Justice T. Vinod Kumar directed that the impugned proceedings issued by the police are contrary to the police act. Moreover, it's a violation of article 19 (1) g of the constitution of India.

Justice T. Vinod Kumar pronounced the Order that, Accordingly, the impugned Order issued by the police authorities is suspended.

Background

On 23 August, the Telangana police directed BJP Telangana state president and Karimnagar MP Bandi Sanjay to end his padayatra in Warangal district. They said no permission was granted for the padayatra and that his derogatory speeches were disturbing the peace.

In an order issued on the same day, the Telangana police said, "It has been noticed that you (Bandi Sanjay) have been conducting the Praja Sangarama Yatra in the limits of Jangaon district of Warangal commissionerate without permission from the competent authority. It has further come to the notice that you have been giving provocative statements during the said yatra."

The notice further said, "It is also learnt that you are planning to organise 'Dharam Deeksha' in the limits of Warangal commissionerate and mobilising huge crowds from other districts also. In view of your provocative statements and planned Deeksha, there is an apprehension of a breach of peace in the area resulting in serious law and order problems. Hence, you are hereby directed to immediately stop the Praja Sangrama Yatra, otherwise, action will be taken as per law for the maintenance of the peace and tranquility in the district."

Meanwhile, BJP said the yatra will continue. "Nothing doing, the yatra will go on," said the party functionaries.