Madras High Court

S.Bharaneeshwaran vs The State Of Tamil Nadu on 22 September, 2022

                                                         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.

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

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

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

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.

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

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

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.

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

W.P.No.24700 of 2022

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.