Karnataka hc order 2

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CHIEF
JUSTICE
AND S
VISHWAJITH
SHETTY
WP
7708/2020
24/11/2020 On the record of the petition, there are instances pointed out to show that in the political
rallies organized by various political parties there were large scale violations of the Rules
regarding wearing of masks and maintaining social distancing. Orders passed by this Court
will show that either the State Government has taken no action or for the sake of showing
that an action is taken, recovery of fine has been made only from few persons and that also
very belatedly. Prima facie, we are of the view that it is the responsibility of all the political
parties to join hands with the machinery of the State for strict implementation of the Rules
regarding wearing of mask and maintaining social distancing. Time has come when even
the political parties should take the responsibility to issue strict instructions to its party
workers.
Learned Counsel appearing for the petitioner pointed out that an organization by name
Kannada Chaluvali Vatal Paksha has given a call for Karnataka Bandh on 5th December
2020 and there is every likelihood that the Rules regarding wearing of masks and
maintaining social distancing will be set at naught in the rallies organized by the said
organization. We, therefore, permit the petitioner to implead Bharatiya Janata Party,
Communist Party of India, Communist Party of India (Marxist), Indian National Congress,
Janata Dal (Secular) and Kannada Chaluvali Vatal Paksha, as party respondents, so that
views of these parties/organizations can be ascertained. We call upon the aforesaid added
respondents to make a statement whether the added respondents are willing to issue strict
instructions to its members/followers/party workers to strictly abide by the Rules regarding
wearing of masks and maintaining social distancing.
Amended petition shall be filed within a maximum period of one week from today. For
physically carrying out the amendment, time of eight weeks is granted. Notice is issued to
the added respondents returnable on 4th December 2020. In addition to regular notices, the

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advocate for the petitioner shall serve a soft copy of the amended petition along with a soft
copy of this order at the e-mail IDs set out in the memo dated 21st November 2020. After
receipt of the soft copy of petition and soft copy of this order, the concerned respondents
will be under an obligation to appear before the Court and assist the Court. It is clarified
that the Counsel for the petitioner is permitted to file a soft copy of the amended petition
within a period of one week from today.
As far as W.P.No.11400/2020 is concerned, we find that the memo issued on 28th/29th
October 2020 by the Commissioner of Police, Bengaluru City, will take care of the
apprehensions of the petitioner expressed in this petition. We direct the learned Additional
Government Advocate to supply a soft copy of the said memo to the learned Counsel
appearing for the petitioner, so that he can address the Court. We may also note here that
the statement of objections filed by the State Government is completely silent about the
recovery of fine amount, though it is admitted in the statement of objections that there were
gross violations. The State Government shall file supplementary statement of objections
and place on record the details of the fine amounts recovered. The additional statement of
objections shall filed by 2nd December 2020.
List these petitions on 4th December 2020.