HC reserves orders on plea challeging ban on Togadia

Karnataka High Court today reserved its order for tomorrow on a petition by Vishwa Hindu Parishad (VHP) seeking lifting of the ban on entry of its leader Praveen Togadia to attend a seven-day convention here.
Togadia was scheduled to take part in the VHP convention 'Hindu Viraat Samavesha', which began today, on February 8.
The city police earlier this week banned Togadia's entry into the city on grounds of maintenance of law and order. Police have contended that his "provocative and inflammatory" speeches would have "grave" consequences and there was likelihood of breach of peace.
Challenging this, Karnataka VHP Organising Secretary Keshav Hegde had moved the High Court.

Justice Abdul Nazir who during the arguments observed that the police order has curtailed fundamental rights of freedom of speech and movement of an individual - in this case Togadia, reserved orders for tomorrow.
Earlier, when the court took up the matter, B V Acharya, counsel for Hegde, submitted that the order passed by the police has taken irrelevant facts - that occurred in 2002 and 2003 - into consideration, ignoring relevant facts of the recent past, which had not led to any law and order problem.

"The order passed by the police stands vitiated because the city police commissioner has ignored the relevant facts - that is, in last eight times, Togadia has attended such meetings in Karnataka, there has been no incidents of communal violence or an issue of law and order," he submitted.

Acharya also raised questions about the jurisdiction of the police. "As per law, police commissioner does not have the jurisdiction to pass such an order," he added.
He contended that the order stood vitiated also because it had been passed on the presumption of likelihood of law and order problem due to "inflammatory" speeches of Togadia, though in the recent past, there has been no record to prove that his speeches has caused communal disturbance in the state.
He also submitted that the Constitution had given right to freedom of expression and freedom of movement to the citizens and hence, Togadia cannot be banned from entering the city and attending the convention.

"Linking Togadia's event to the communal clash in Koppala (yesterday), based on a newspaper, not intelligence report, cannot be relied upon," he said.
Karnataka Advocate General Ravivarma Kumar, appearing for police, said Togadia's "provocative and inflammatory" speeches would have "grave" consequences and there was likelihood of breach of peace.
He submitted that as many as 19 criminal cases were pending against Togadia all over the country for alleged inflammatory statements and showing disrespect to the Constitution.
He submitted that the police commissioner had all powers to pass an order banning Togadia's entry into the city.
Kumar also submitted a Supreme Court order which restricted Togadia from making a speech but allowed him to attend such events on an earlier occasion.