While asking the Assistant Commissioner of Police to grant permission to a Trade Union and its President to use two autorickshaws with loudspeakers, the Karnataka High Court has held that a campaign to create awareness is a facet of any democratic process, and the same cannot be restricted unreasonably.

The President of a Trade Union had approached the High Court seeking a direction to set aside the impugned Endorsement, rejecting their application to use loudspeakers on two autorickshaws to create awareness amongst the residents of Malleshwaram, Bengaluru, about a protest.

The Single Bench of Justice B M Shyam Prasad held, “This Court, in the circumstances of the case, is persuaded to opine that a campaign to create awareness [a facet of any democratic process] cannot be restricted unreasonably and that the second respondent's impugned Endorsement has the colour of an unreasonableness because he has not examined the circumstances such as the other Assistant Commissioners of Police permitting a similar request and the stipulations that must be.”

Advocate L Muralidhar Peshwa represented the Petitioner, while AGA Saritha Kulkarni represented the Respondent.

Factual Background

The endorsement was issued by the Assistant Commissioner of Police on the grounds that the petitioners could not be permitted to use autorickshaws with loudspeakers, as his Sub-division has educational institutions, hospitals, and no honking zones. The ACP had reasoned that senior citizens also reside in the area.

Reasoning

Considering the permissions granted by the Assistant Commissioners of Police of other Sub-divisions, the Bench noted that the petitioners had been permitted to carry out similar campaigns in other Sub-divisions, but on certain conditions, such as the autorickshaws do not obstruct traffic and they do not ply around either educational institutions or hospitals.

The petitioners were also asked to ensure that no defamatory material is put out on the loudspeaker, and the autorickshaws do not ply beyond 10 pm.

Holding that a campaign to create awareness cannot be restricted unreasonably and finding that the ACP’s impugned Endorsement had a colour of unreasonableness, the Bench disposed of the petition by directing the ACP to permit the petitioners to use two autorickshaws with loudspeakers on the aforementioned conditions.

Cause Title: Shri Naveen R v. Centre for Indian Trade Unions (Neutral Citation: 2026:KHC:8173)

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Karnataka High CourtJustice BM Shyam Prasad

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.