Gujarat High Court Upholds Ban on Black Flags for Peaceful Polls | Ahmedabad News - Times of India

Source: The Times of India

Ahmedabad: In a setback for protesters from the Kshatriya community, the Gujarat high court on Friday upheld Ahmedabad police commissioner's notification banning black banners and flags to register protest until May 7, the polling day.

On April 16, the police commissioner issued a notification under Section 144 of the CrPC, putting restrictions on gatherings without prior permission and specifically banned waving of black flags and banners as a mark of protest.This happened following protests by the community members after the BJP's refusal to withdraw the nomination of Rajkot candidate Parshottam Rupala. They were miffed with Rupala over his remarks about the royals of erstwhile princely states.

A former convener of Karni Sena, Arjunsinh Gohil, had challenged the restrictions on protests during the election, terming it unconstitutional and an attack on democracy by the authorities by invoking Section 144 of CrPC.

State govt submitted that to avoid riots or untoward incidents and to ensure safety and security of citizens, the notification has prohibited raising of black flags, slogans, placards/banners etc against anyone during campaign rallies or gatherings.

Govt informed the court that it has permitted 200 political meetings, 141 non-political meetings and five political rallies since the notification was issued. The decision to prohibit black flags is taken "in the larger public interest to ensure harmonious atmosphere" ahead of the election.

Justice V D Nanavati rejected the petition with observation, "On perusal of the aforesaid notification, the notification neither restricts protest nor does it ban any activity. The notification only prohibits black banner and aggravating speeches to ensure the peaceful and tranquil elections."

On the other hand, Pankaj Patel, a practising lawyer, demanded early hearing of his PIL challenging the police commissioner's notification by arguing that use of Section 144 of CrPC to ban black flags to protest is a "major attack on democracy" and a serious issue.

However, the bench headed by the chief justice refused to grant an early hearing, saying that an order under Section 144 of CrPC is not interfering with freedom of anyone; it is only to maintain law and order situation.