Shaheen Abdulla vs. Rajnish Seth

*Revised

ITEM NO.9 COURT NO.3 SECTION PIL-W

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s). 24/2022

QURBAN ALI & ANR. Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

([ONLY I.A. NO. 61197 OF 2022 IS LISTED UNDER THIS ITEM.]

Date : 26-04-2022 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE C.T. RAVIKUMAR

For Petitioner(s) Mr. Kapil Sibal, Sr. Adv. ms. Anjana Prakash, Sr. Adv. Mr. Nizam Pasha, Adv. Ms. Rashmi Singh, Adv. Ms. Sumita Hazarika, AOR For Respondent(s) Mr. Tushar Mehta Ld SG Mr. K. M. Nataraj, Ld ASG Mr. Sanjay Kumar Tyagi, Adv. Mr. Varun Chugh, Adv. Mr. O. P. Shukla, Adv. Mr. Rajat Nair, Adv. Mr. M. Malhotra, Adv. Mr. Kanu Agrawal, Adv. Mr. Amit Sharma, Adv. Mr. Varun Chugh, Adv. Mr. G.S. Makker, AOR Mr. Arvind Kumar Sharma, AOR Mr. Gurmeet Singh Makker, AOR Mr. Tushar Mehta, Ld SG Mr. K.M. Natraj, Ld ASG Mr. Sanjay Kr. Tyagi, Adv. Mr. O.P. Shukla, Adv. Mr. Varun Chugh, Adv. Mr. Jatinder Kumar Sethi, Dy. A.G. Mr. Abhishek Atrey, AOR Digitally signed by DEEPAK SINGH Date: 2022.05.14 11:59:21 IST Reason: Signature Not Verified

Mr. Akash Giri, Adv. Mr. Shadman Ali, Adv. Ms. Ambika Atrey, Adv. Mr. Ashutosh Kumar Sharma, Adv. Mr. Vishnu Shankar Jain, AOR Mr. Kaleeswaram Raj, Adv. Mr. Mohammed Sadique T.A., AOR Mrs. Anu K. Joy, Adv. Mr. Alim Anvar, Adv. Mr. Varun C. Vijay, Adv. Ms. Thulasi K. Raj, Adv. Mr. Shadan Farasat, AOR Mr. Aman Naqvi, Adv. Ms. Tanvi Tuhina, Adv. *Mr. Chitranshul A. Sinha, AOR Mr. Aaditya Vijaykumar, Adv. Ms. Shreya Shree Singh, Adv. Mr. Ashutosh Dubey, AOR Mr. Devendra Singh, AOR Mr. Abhishek, AOR

UPON hearing the counsel the Court made the following O R D E R

I.A. NO. 61197 OF 2022

This application pertains to the event which has already taken place from 17.04.2022 to 19.04.2022 in the State of Himachal Pradesh.

Learned counsel for the State of Himachal Pradesh, on instructions, submits that necessary preventive measures were taken and after the event, corrective steps as required in terms of the decisions of this Court in Shakti Vahini Vs.

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Union of India & Ors.1, Tehseen S. Poonawalla Vs. Union of India & Ors.2 and Kodungallur Film Society and Anr. Vs. Union of India & Ors.3 have also been taken by the concerned authorities. He prays for some time to place the same on record by way of affidavit.

We direct that the affidavit of Secretary, Home Department, State of Himachal Pradesh be filed in that regard on or before 07.05.2022.

During the course of hearing of this application, Mr. Kapil Sibal, learned senior counsel, pointed out that he has instructions to state that an event has been planned at Roorkee, Uttarakhand of the same kind for tomorrow i.e., 27.04.2022. An application is being filed in the Registry in the course of the day in that regard.

Learned counsel appearing for the State of Uttarakhand submits that all preventive measures have been taken, as exposited in the decisions of this Court referred to above, and the concerned authorities are more than confident that no undue situation or unacceptable statements will be made during such events, and whatever is necessary in terms of the decisions of this Court, all such steps will be taken by the concerned authority.

<span id="page-2-2"></span><span id="page-2-1"></span><span id="page-2-0"></span>We direct the Secretary, Home Department, State of (2018) 7 SCC 192 (paragraph 55) (2018) 9 SCC 501 (paragraphs 40 and 41) (2018) 10 SCC 713 (Paragraphs 20 and 21)

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Uttarakhand to place the above position on record and also to state about the corrective measures taken by the concerned authorities as and when required before the next date of hearing.

List this application on 09.05.2022 along with main matter and connected cases.

COURT MASTER (SH) COURT MASTER (NSH)

(DEEPAK SINGH) (SAROJ KUMARI GAUR)

*Revised is made only for the purpose of appearance.