Supreme Court of India has upheld the order of Goa Bench of Bombay High Court which had dismissed plea of Pramod Muthalik against the ban of his entry into Goa.

Case No. Special Leave Petition (Crl) No. 23 of 2015
Case Title Pramod Mutalik v. The State of Goa & Ors.
Parties Petitioner:

  • Pramod Mutalik

Respondents:

  1. The State of Goa
  2. The District Magistrate, South Goa
  3. The District Magistrate, North Goa
Bench
  • Chief Justice HL Dattu
  • Justice Amitava Roy

Entry banned by DMs of South Goa and North Goa and extended by Govt

On 19 August 2014, the District Magistrate, South Goa and District Magistrate, North Goa had banned the entry of Muthalik into Goa. Muthalik is the founder of ‘Shri Ram Sene’ and is infamous for his acts of moral policing. Muthalik had appealed against this orders which were rejected by the District Magistrates and subsequently, the orders issued by the District Magistrate South Goa and North Goa were extended for 60 days and thereafter the ban was extended by the State Government for six months.


Entry ban challenged before Bombay High Court, Goa Bench

Muthalik had challenged the above orders before the Goa bench of Bombay High Court pleading that they were against his fundamental right under Articles 14, 19, 21 and 25 of the Constitution of India. This was countered by the Government lawyer who submitted that Muthalik’s entry into Goa was likely to breach the public tranquility. Government filed an affidavit stating that Muthalik has a track record of indulging and making provocative and inflammatory speeches, inciting hatred between religious groups causing breach of peace in society at large and that there are around 48 criminal cases pending against him in the State of Karnataka.


High Court dismisses plea

Justice KL Wadane dismissed Muthalik’s plea and observed:

Considering the overall circumstances of the case and looking to the contents of the affidavit on behalf of the respondent no.1, I am of the opinion that there are grounds to believe that the entry of the petitioner in the State of Goa is likely to disturb communal harmony, pubic pace and tranquility. Therefore, the respondent nos. 2 and 3 have passed reasoned orders banning the petitioner from entering him to South Goa and North Goa and the respondent no.1 has rightly extended such orders till 15th July, 2015.


Muthalik appeals before Supreme Court

Muthalik filed a Criminal Special Leave Petition to Appeal before the Supreme Court of India claiming that the repetitive prohibitory orders passed by the Goa government and district magistrates of South and North Goa are “illegal and without jurisdiction”. Matter was heard by a bench of Chief Justice of India HL Dattu and Justice Amitava Roy.

While rejecting the appeal, bench observed:

Goa people will take care of their interest. What are you doing? You people are simply doing moral policing.

Sri Ram Sene activists barge into a pub and beat up boys and girls.

The order might have been passed to maintain peace in Goa…We are sorry for the time being. Come after six months. [via PTI]

Read Order:

http://onelawstreet.com/wp-content/uploads/2015/08/sc-muthalik-31082015.pdf

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