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Judgment
Pankaj Purohit, J
By means of this writ petition, petitioners have sought indulgence of this Court seeking a direction to quash the letter dated 29.04.2024, passed by respondent no.3 to In-charge Police Post SIDCUL, Police Station Pantnagar, District Udham Singh Nagar, whereby petitioner no.1 was not permitted to take out a procession to celebrate International Labour day i.e., 01.05.2024 from SIDCUL Chowk to Labour Building at Rudrapur, Udham Singh Nagar and a further direction to the respondents to grant permission to the petitioners as per their representation dated 16.04.2024 to hold a march/procession from SIDCUL Chowk to Labour Building at Rudrapur, District Udham Singh Nagar and subsequent meeting to celebrate International Labour’s Day.
It is contended by learned counsel for the petitioners that petitioner no.1 is a Labour Organization/Labour Union and petitioner no.2 is registered Trade Union being associated with labour cause. Petitioners want to celebrate International Labour day by taking out a procession from SIDCUL Chowk to Labour Building at Rudrapur. For the said purpose on 16.04.2024 a letter was moved by the petitioners to Sub-Divisional Magistrate, Rudrapur, Udham Singh Nagar for grant of such permission.
It is very surprising as contended by learned counsel for the petitioner that the said application was not even received in the Office of the Sub-Divisional Magistrate, Rudrapur, Udham Singh Nagar on that day and it was marked in the said application that the said application may be submitted after voting of Parliamentary General Elections is over in the State of Uttarakhand on 19.04.2024. The application moved by the petitioners was taken note of by the Sub-Divisional Magistrate, Rudrapur, Udham Singh Nagar only on 25.04.2024 by calling a report from In-charge Police Post, SIDCUL, Police Station-Pantnagar, District-Udham Singh Nagar regarding as to whether permission is to be given or not.
On calling upon the said report, the In-charge, Police Post, SIDCUL submitted a report saying that permission should not be granted in view of Model Code of Conduct being operational due to Parliamentary General Elections-2024. Feeling aggrieved by said inaction on the part of the respondents the petitioner is before this Court.
Yesterday learned State counsel was directed to seek clear instructions in the matter as to why permission could not be granted to the petitioners to celebrate International Labour Day and the matter is posted for today.
Today, learned State counsel is ready with the instructions which are taken on record.
From perusal of instructions only this much is clear that due to Model Code of Conduct permission for procession and any meeting would amount to violation of Model Code of Conduct and therefore the Police recommended not to grant permission to the petitioners.
In a democratic country like India under the Constitution there is right of every citizen to follow their rituals and customs and even the trade union have a right also to celebrate the International Labour Day subject to, off course, certain conditions and restrictions which may be imposed by the Government.
In the instructions, it is not clear that under which clause of Model Code of Conduct permission is not to be granted to procession and for meetings. However International Labour Day to be celebrated today, therefore this Court keeping in view the constitutional right of the trade union including the petitioners to celebrate the international Labour Day, feel it appropriate to give permission to the petitioners, subject to following conditions:-
i. Petitioners are permitted to take out procession from SIDCUL Chowk to Labour Building at Rudrapur today only.
ii. Before taking out the procession the petitioner shall give undertaking to the District Magistrate, Udham Singh Nagar at Rudrapur for keeping the procession peaceful and without violence.
With the aforesaid directions, writ petition stands disposed-off accordingly.