Tipu Sultan’s Birth Anniversary Celebration
Last Updated on December 15, 2024 by Shianjany Pradhan
The Bombay High Court recently reviewed a Public Interest Litigation (PIL) filed against the Pune police’s refusal to grant permission for Tipu Sultan’s birth anniversary celebrations.
The police had cited potential law-and-order concerns, arguing that the event might provoke communal tensions based on past experiences.
The organizers challenged this decision, asserting that it violated their fundamental rights under Articles 19(1)(a) (freedom of speech and expression) and 19(1)(b) (right to assemble peacefully) of the Indian Constitution.
They argued that the police’s refusal was arbitrary and disproportionate, and suggested that security arrangements could have been made instead of outright denial.
The court questioned whether the police’s actions were proportionate and whether all alternatives were explored before taking the restrictive decision.
It emphasized the need to balance public order with the protection of constitutional freedoms and observed that restrictions on fundamental rights must meet the test of reasonableness, necessity, and proportionality.
