G. M. Abhinava Shri Halaveerappajja Swamiji vs The Deputy Commissioner

Petitioner, who claims to be pontiff of Halaswamy Math is before this Court being aggrieved by order dated 25.09.2026 passed by respondent-Deputy Commissioner, Haveri, produced at Annexure-A in terms of which he has been prohibited from entering Haveri District between 25.09.2026 and 15.10.2026.

The reasons assigned in the impugned order are that certain towns and villages of Haveri District are considered to be communally sensitive areas having had instances of disturbance of Law and Order in the past resulting in filing of criminal cases. That the petitioner herein had gone to Savanur town on 22.09.2026 and had called upon all the members of the organizations conduting Ganapathi festival and had instigated them to hold procession on 02.10.2026 through certain routs which may cause and create Law and Order situation not only in the Savanur town but also in the entire Haveri district. The impugned order also refers to two criminal cases registered against the petitioner.

It is based on aforesaid reasons amongst other the impugned order has been passed.

Learned counsel for petitioner referring to the two criminal cases mentioned in page 2 of the impugned order namely Crime Nos.158/2023 and 206/2023, submit that the said cases were registered in respect of certain offences punishable under Sections 406, 417, 420 of IPC, which have now been quashed by the order of this Court in Criminal Petition No.102600/2023 and Criminal Petition No.11681/2024. Therefore, he submits that there are no criminal cases pending against the petitioner as on this date.

As regard to the apprehension expressed by the respondent-Deputy Commissioner in the impugned order with regard to the ensuing Ganapathi procession scheduled to be held on 02.10.2026 at Savunur and intended participation of petitioner, learned counsel for petitioner submits that the petitioner would voluntarily undertake that he would not enter Savanur town until completion of Immersion of Ganesh Idol. That the petitioner will not participate in any of the events pertaining to said procession. He further submits as and when he is permitted to enter the district, he would neither address any public gathering nor would make any public speech which would cause disturbance to public peace and tranquility. Even if he addresses any public gathering, the same can be recorded by the respondent/authorities and he would be responsible for any eventualities that would arise due to his public address/speech.

He further submits that, the petitioner would file an affidavit undertaking before the respondent authorities to the aforesaid effect.

Heard and perused the records.

Impugned order prohibiting petitioner entering Haveri District between 25.09.2026 and 15.10.2026 is primarily on the report submitted by the Superintendant of Police, Haveri, expressing apprehension of incitement of communal tension in Haveri District by the petitioner particularly during procession of Ganesh Idol for immersion schedule to be held on 02.10.2026 in Savanur town.

Be that as it is. In the light of submission made by learned counsel for the petitioner, that the petitioner himself would voluntarily abstain from entering Savanur town or participating in the ensuing Ganesh Idol immersion procession and that he would file an undertaking in this regard, the impugned order is required to be modified. Hence, the following: