Giroh E Hussaini v. State Of Ap

THE HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND THE HON'BLE SMT. JUSTICE T.RAJANI WRIT PETITION No.34168 of 2018 ORDER: (Per the Hon'ble the Chief Justice Sri Thottathil B. Radhakrishnan) The petitioner claims to be a registered body which desires to conduct the procession described in the Writ Petition in connection with the ensuing Moharrum.

2.

Hearing the learned counsel for the petitioner and the learned Government Pleader for Home appearing for the respondents, we do not see any ground to interfere with the decision taken by the jurisdictional official respondent regarding the grant of time to the different groups. That is a matter which has to be managed having primary regard to law and order and other matters which fall within the domain of policing and governance.

3.

Learned counsel for the petitioner submits that the petitioner represents a small group ranging 75 to 100 people for the procession and, therefore, they may be considered to be granted permission at any time as would be found congenial by the concerned official respondent having regard to the totality of the facts and circumstances. It is submitted that requisite application would be placed before the third respondent/SubDivisional Police Officer, for requisite orders granting such permission to hold the procession in the morning hours or in

the evening hours as may be decided upon by the third respondent.

4.

We clarify that we have not expressed anything now on the feasibility of any such ground and leave it entirely open to the third respondent to decide on the issue.

The Writ Petition is, accordingly, ordered.

The miscellaneous petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs. _______________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ _______________________________________ T.RAJANI, J 20.09.2018 vs