Background of the Case
The Bombay High Court permitted a Hindu organization to felicitate BJP MP Pragya Singh Thakur, who is an accused in the 2008 Malegaon blast case. The event, scheduled to take place in Mumbai, was challenged by a petitioner because it would promote divisive sentiments and disturb public order.
Incident Details
- A plea was filed before the Bombay High Court seeking a ban on the event, arguing that it would glorify an individual facing serious terror charges.
- The petitioners raised concerns over public order, alleging that the felicitation could trigger communal disharmony.
- The Bombay High Court dismissed the plea, allowing the event to proceed, stating that there was no legal basis to impose such a ban.
Court’s Observations
The court emphasized that restricting such events must be legally justified and should not be based on speculation. It observed:
“The right to organize public events is protected under Article 19(1)(a) of the Constitution. Unless there is an express violation of law, courts cannot interfere with such gatherings.”
Key Court Findings
- Freedom of Expression: The Bombay High Court ruled that the felicitation event did not violate any legal provisions and could not be banned on mere assumptions.
- Public Order Consideration: The court noted that if the event led to any law-and-order disruption, authorities had the power to take action at that stage.
- No Pre-emptive Restriction: The ruling stated that courts must be cautious in restricting public events unless there is a direct and imminent threat.
Legal Significance of the Ruling
This judgment reaffirms the constitutional right to freedom of expression and peaceful assembly, even for controversial figures. However, it also leaves room for administrative action if the event leads to public disturbances.