W.P.No.24700 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.09.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.24700 of 2022
and W.M.P.No.23648 of 2022
S.Bharaneeshwaran ...Petitioner
-Vs-
1. The State of Tamil Nadu
Rep by its Secretary,
Home Department,
Fort St. George,
Chennai – 600 009.
2. The Director General of Police,
Post Box No.601,
Dr.Radhakrishnan Salai,
Mylapore, Chennai – 600 004.
3. The Superintendent of Police,
Tiruvarur District,
Tiruvarur – 610 001.
4. The Inspector of Police,
Paravakottai Police Station,
Paravakottai – 614 015. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus to call for the records
of the fourth respondent in Na.Ka.No.81/Tu.Kaa.Ka/Mannai/2022 dated
Page 1 of 12
W.P.No.24700 of 2022
16.09.2022, and quash the same and further direct the respondents herein
to permit the petitioner and the members of Rashtriya Swayam Sevak
Sangh (RSS) to conduce a procession (route march) wearing their
uniform (dark olive brown trousers, white shirt, cap, belt, Black Shoes)
lead by a musical band from Devar Statue to Devar Statue (Via Nethaji
Statue, South Veeranar Temple, ONGC Road, Ram Temple, Fish market,
Sangathidal, North Street Junction) on 02.10.2022 at 3.00 pm., an
conduct a public meeting on Sangathidal, Paravakottai, at 6.00 p.m., to
7.30 pm. (Prayer amended as per the order passed by this Court dated
22.09.2022 in W.M.P.No.24865 of 2022 in W.P.No.24700 of 2022)
For Petitioner : Mr.G.Karthikeyan
For Respondents : Mr.Hasan Mohammed Jinnah
State Public prosecutor
Assisted by Mr.S.Santhosh,
Government Advocate (Crl. Side)
ORDER
This Writ Petition has been filed to call for the records of the fourth respondent in Na.Ka.No.81/Tu.Kaa.Ka/Mannai/2022 dated 16.09.2022, and quash the same and further direct the respondents herein to permit the petitioner and the members of Rashtriya Swayam Sevak Sangh (herein after referred to as “RSS”) to conduct a procession and public meeting at Sangathidal, Paravakottai. Page 2 of 12 W.P.No.24700 of 2022
2. The petitioner is function as Secretary of Rashtriya Swayam Sevak Sangh at Tiruvarur District. It is found in the year 1925. In order to celebrate 75th year of Independence, the birth centenary of Barath Ratna Dr.B.R.Ambedkar and Vijaydasamy, they decided to take out procession on 02.10.2022 at various places and to conduct a public meeting on the same day. Therefore, the petitioners have submitted their respective representations under Section 30(2) of the Police Act (herein after referred to as “the Act”), requesting the authorities concerned to grant permission to the petitioner to conduct procession on 02.10.2022 and also to conduct public meeting. However, the fourth respondent by his letter dated 16.09.2022, rejected his application. Therefore, the petitioner filed this present Writ Petition with the above prayer.
3. Heard Mr.G.Karthikeyan, learned counsel appearing for the petitioner and Mr.Hasan Mohammed Jinnah, learned State Public Prosecutor appearing for the respondents.
4. The petitioner and the members of RSS have decided to conduct a procession (route march) wearing their uniform, lead by a Page 3 of 12 W.P.No.24700 of 2022 musical band from Devar Statue to Devar Statue (Via Nethaji Statue, South Veeranar Temple, ONGC Road, Ram Temple, Fish market, Sangathidal, North Street Junction) on 02.10.2022 at 3.00 pm., an conduct a public meeting on Sangathidal, Paravakottai, at 6.00 p.m., to 7.30 pm. Therefore, the petitioner made representation for grant of permission to conduct procession and public meeting. However, the fourth respondent rejected the representation of the petitioner stating that there will be a law and order problem.
5. It is relevant to extract the provisions under Section 30(2) of the Police Act, as follows:-
“30. Regulation of public assemblies and processions and licensing of the same:- (l) The District Superintendent or Assistant District Superintendent of Police may, as occasion required, direct the conduct of all assemblies and processions on the public roads, or in the public streets or thoroughfares, and prescribe the routes by which, and the times at which, such processions may pass. (2) He may also, on being satisfied that it is intended by any persons or class of persons to convene or collect an assembly in any such road, street or thoroughfare, or to form a procession Page 4 of 12 W.P.No.24700 of 2022 which would, in the judgment of the Magistrate of the district, or of the sub-division of a district, if uncontrolled, be likely to cause a breach of the peace, require by general or special notice that the persons convening or collecting such assembly or directing or promoting such procession shall apply for a license. (3) On such application being made, he may issue a license, specifying the names of the licensees and defining the conditions on which alone such assembly or such procession is to be permitted to take place, and otherwise giving effect to this section: Provided that no fee shall be charged on the application for, or grant of any such license. (4) Music in the streets:- He may also regulate the extent to which music may be used in streets on the occasion of festivals and ceremonies.] COMMENTS The police is empowered to regulate public assemblies and processions and licensing of the same. Violation of any of conditions of the license granted under this section will entail penalty postulated by section 32.
3OA. Powers with regard to assemblies and processions violating conditions of licence:- (l) Any Magistrate or District Superintendent of Police or Assistant District Superintendent of Police or Inspector of Police or any police-officer in charge of a station may stop any procession which violates the conditions of a Page 5 of 12 W.P.No.24700 of 2022 license granted under the last foregoing section, and may order it or any assembly, which violates any such conditions, as aforesaid, to disperse. (2) Any procession or assembly which neglects or refuses to obey any order given under the last preceding sub-section, shall be deemed to be an unlawful assembly.”
6. While this Court dealing with the similar matter in the batch of Writ Petitions in W.P.No.28677 of 2014 etc., by an order dated 07.11.2014 held that, as per the provisions under Section 30(2) of the Police Act, a person intending to take out a procession, may make an application to the District Superintendent of Police seeking permission, even it a prohibitory order is in force under Section 30(2) of the Act. As per Section 30(2) of the Act, the grant of permission for convening an assembly or meeting and promoting a procession, is the rule and the refusal of permission is the exception. Both the provisions do not confer any power upon the police to issue an order prohibiting any assembly or procession. It merely enable the District Superintendent of Police to require by a general or special notice, all persons who want to hold an assembly or organise a procession, to apply for a licence. Page 6 of 12 W.P.No.24700 of 2022
8. The petitioner sought for permission to take out procession and to conduct public meeting. Therefore, they do not fall under the category, those where a right is claimed as an essential part of the profession of any religion, since the petitioners do not claim that they seek to take out a procession as an essential part of any religious rite. Further the fourth respondents rejected the petitions for the reason that there would be law and order problem.
9. The Hon'ble Supreme Court of India in the case of Mazdoor Kisan Shakti Sangathan Vs. The Union of India and anr in W.P.(Civil)No.1153 of 2017 by an order dated 23.07.2018 held that the fundamental right right of the citizens to hold peacefully demonstrations and protest in order to bring out their grievances to the notice of the authorities in power so that the concerned authorities are awakened and attend to their grievances as well as take remedial measures. Therefore, there could not have been a complete ban on demonstration in the area in question. Undoubtedly, holding peaceful demonstration by the citizen in order to air its grievances and to ensure that these grievances are heard in the relevant quarters, is its fundamental right. This right is specifically Page 7 of 12 W.P.No.24700 of 2022 enshrined under Article 19(1)(a) and 19(1)(b) of the Constitution of India. It confers a vary valuable right on the citizens viz., right of free speech and it gives right to assemble peacefully without arms.
10. Insofar as the Union Territory of Puducherry is concerned, the Superintendent of Police (East), Puducherry by an order dated 16.09.2022 granted permission with certain conditions. The petitioner also under takes before this Court that he will abide any conditions as imposed by this Court.
11. In view of the above order passed by the Hon'ble Supreme Court of India as well as various orders passed by this Court, it would be appropriate to direct the respondents to grant permission to conduct procession and to conduct public meeting on 02.10.2022 at Sangathidal, Paravakottai, subject to the following conditions on or before 28.09.2022:-
i. During the program, nobody shall either sign songs or speak ill on any individuals, any caste, religion, etc., ii. Those who participate in the program shall not for any reason talk or express anything in favour of organizations banned by Page 8 of 12 W.P.No.24700 of 2022 Government of India. They should also not indulge in any act disturbing the sovereignty and integrity of our country. iii. The program should be conducted without causing any hindrance to public or traffic iv. The participants shall not bring any stick, lathi or weapon that may cause injury to any one.
v. The organizer(s) shall make adequate arrangements for drinking water and proper First Aid/Ambulance/Mobile Toilets/CCTV Cameras/Fire Fighting equipments etc., in consultation with the Police/Civic/Local Bodies as directed by the police. vi. The procession shall proceed in any orderly manner along the sanctioned route keeping to the left and shall not halt on the way or cause impediment to the normal flow of traffic. The procession shall occupy only one-fourth of the road. vii.The organizer(s) shall keep sufficient volunteers to help the police for regulation of traffic and the participants. viii.The organizer(s) of procession/rally shall be responsible for ensuring that the route permitted to them by the Police Authorities is strictly followed.
ix. Only box type speakers should be used and output of the speakers should not exceed 15 watts ad within a radius of 30 meters only. Cone Speakers should not be used at any cost. x. In the procession, the processionists shall not any manner offend the sentiments of any religious, linguistics, cultural and other groups.
Page 9 of 12 W.P.No.24700 of 2022 xi. An undertaking to reimburse the cost for any damage that may occur enroute to any public/private property and an undertaking to bear the compensation/replacement costs as well, if are to be awarded to any other institution/person, who may apply for the same.
xii.If there is violation of any one of the conditions imposed, the concerned police officer is at liberty to take necessary action, as per law.
12. With the above directions, the Writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
22.09.2022 (2/3) Internet: Yes Index : Yes/No Speaking/Non Speaking order rts Note : Issue order copy on or before 26.09.2022 Page 10 of 12 W.P.No.24700 of 2022 To
1. The Secretary, State of Tamil Nadu, Home Department, Fort St. George, Chennai – 600 009.
2. The Director General of Police, Post Box No.601, Dr.Radhakrishnan Salai, Mylapore, Chennai – 600 004.
3. The Superintendent of Police, Tiruvarur District, Tiruvarur – 610 001.
4. The Inspector of Police, Paravakottai Police Station, Paravakottai – 614 015.
5. The Public prosecutor, Madras High Court, Chennai.
Page 11 of 12 W.P.No.24700 of 2022 G.K.ILANTHIRAIYAN. J, rts W.P.No.24700 of 2022 and W.M.P.No.23648 of 2022 22.09.2022 (2/3) Page 12 of 12