Madras High Court
Tamil Nadu State Transport vs The Commissioner Of Police on 17 April, 2002
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 17/04/2002
CORAM :
THE HON'BLE MR.JUSTICE E.PADMANABHAN
W.P. No.13042 OF 2002
Tamil Nadu State Transport
Employees Federation (Regn. No.2468/MDS)
rep. by its General Secretary
A.Soundararajan
No.52, Cooks Road,
Chennai 600 012. Petitioner
vs.
1. The Commissioner of Police,
Chennai City,
Egmore, Chennai 600 008.
2. Inspector of Police,
D-1 Police Station,
Chennai 600 002. Respondents
Petition is filed under Article 226 of The Constitution of India
praying for issue of a writ of mandamus as stated therein.
For petitioner :: Mr.N.G.R.Prasad, for
Mr.K.Elango
For respondents :: Mr.R.Muthukumarasamy,
Addl. Advocate General.
Assisted by Mr.D.Krishnakumar, G.A.
:ORDER
Petitioner, Tamil Nadu State Transport Employees Federation, represented by its General Secretary, has come before this court seeking for issue of a writ of mandamus directing the respondents to grant permission sought by the petitioner in its letter dated 8.4.2002, to take out a procession of its members and supporters at 10 a.m. on 18.4.200 2 from Pallavan House on Pallavan Salai to the State Guest House on Wallajah Road, Chennai and to pass such further or other orders.
2. Heard Mr.N.G.R.Prasad, learned Counsel appearing for Mr.K. Elango and the learned Additional Advocate General appearing for the respondents.
3. The matter was taken in the forenoon and the learned Government Advocate was directed to get specific instructions from the respondents, while suggesting that certain restrictions could be imposed by this court and as to the consequences of it. In the afternoon, the learned Additional Advocate General appeared before the court and made his submissions. Mr.N.G.R.Prasad also filed an affidavit sworn to by Mr.A.Soundararajan, General Secretary of the petitioner Federation agreeing to abide by certain conditions and also had suggested certain conditions as detailed in his affidavit. It is practically an undertaking by the petitioner. After hearing either side in the forenoon and spending considerable time in the afternoon, this court has taken up the writ petition and pronounce this order.
4. At the outset, it is being pointed out by the learned Additional Advocate General that the Supreme Court has issued directions in Civil Appeal No.7926 of 2001 that no District Collector or Police Commissioner shall permit any main street or road in the State of Tamil Nadu to be blocked for the purpose of any meeting, procession, etc. According to the learned Additional Advocate General, no procession at all could be permitted.
5. However, Mr.N.G.R. Prasad, learned counsel for the petitioner submits that the Honourable Supreme Court had not banned procession at all but what the Apex Court directed is that there shall be no blockade of the traffic and disturbance of normal life in the city. It is pointed out that by the proposed procession, no part of traffic will be blocked and there will be no dislocation of normal life. Therefore, according to Mr.Prasad, directions issued by the Honourable Supreme Court is not being violated.
6. On a consideration of the entire matter and the assurance on the part of the petitioner that there would not be any blockade of the traffic even for a short while and when it is further assured that they would go in a row of three or, two restricting the total number of processionists and they would keep themselves on one side of the road, without blocking of any inflow or outflow of the traffic, which crosses the Mount road, besides they also represent that the processionist would themselves stop in consonance with the Traffic signal which operates to regulate the traffic from either side or which crosses the Mount road, and therefore, there is no justification at all to deny the right of the members of the petitioner Federation to take out a peaceful procession for a limited time.
7. The learned Additional Advocate General also suggested certain restrictions or conditions for grant of permission for procession including the total number of processionists, time of procession, course to be adopted, side of the road and other particulars besides drawing attention of the court that already permission had been granted to members of Ariyalur Bar to undertake one day fasting opposite to Chepauk Guest House.
8. Per contra, Mr.N.G.R. Prasad, learned counsel for the petitioner, in his usual style, represented that the members of petitioner Federation have fundamental right to take procession, but, he agreed to abide by all the conditions that may be imposed by this court, so that the procession would be peaceful and would not interrupt the regular flow of traffic as well as normal life of the public or residents in the locality. This court is also of the considered view that procession could be permitted but subject to regulating it with such conditions as it may not obstruct the traffic and normal life.
9. Taking note of the submissions made on either side, which they assure and undertake to keep, this court is inclined to issue mandamus and necessary directions.
10. The first respondent herein, subject to the directions set out hereunder, shall issue permission for the procession.
11. This court emphasise that the petitioner, its followers or other members of the Federation shall strictly follow the conditions imposed by this court and other usual conditions that are being imposed by the first respondent and in case of any violation, it is needless to add that it is for the respondents to take appropriate action and as the situation warrants. While making th is clear, the following conditions are imposed by this court and the same shall be imposed as conditions by the first respondent:-
(i) Total number of processionists shall not exceed 3000 in all.
(ii) The 3000 persons shall be divided into ten different groups of 300 each.
(iii) Each group shall divide themselves in three abreast of 100 rows.
(iv) Any person in excess of 3000 or group of 300 each would be stopped by the respondents at the beginning of the procession itself.
(v) The procession shall start near the "Munroe statute" on the left side of the road (as we proceed from Munroe statute to Anna statute) and opposite to Military Officers' Mess.
(vi) The processionists shall keep themselves to the left side of the road and total width of the group of processionists shall not exceed 6 feet at one point and length of each group of 300 shall not exceed 1000 feet, measured from first row to 100th row. There shall be a gap of 1000 feet from one group to another group of three hundreds.
(vii) The processionists may wear black badge, but, they will not be allowed to carry any stick or any other material and no arms/ missiles shall be permitted in posession.
(viii) The processionists shall proceed along the left side of the Mount road, cross Gymkana Club, proceed further on the left side of the mount road close to the Government Estate, turn to the left, enter Wallajah Road and terminate the procession just opposite to M.A. Chidambaram Stadium.
(ix) The processionists shall send seven of their representatives to the Secretariat, who will be permitted to present a memorandum to the Honourable Minister in-charge of Transport Department or in his absence any other Honourable Minister, who is willing to come forward and receive or in their absence, to The Secretary to Government, Transport Department or his Deputy/representative.
(x) The procession will start at 11.30 A.M. near the MUnroe statute and will terminate by 1.00 P.M. near M.A. Chidambaram Stadium.
(xi) The permission is one time permission and valid for one day viz.18.4.2002.
(xii) The procession shall be taken on 18th April 2002 and not on any other day.
(xiii) The processionists who are permitted to wear black badges are also permitted to carry one placard for each group of 300 persons.
(xiv) The respondent-police are permitted to take videograph or photograph as the case may be from beginning of the procession to its termination.
(xv) The processionists shall not disrupt the traffic at Mount road or Wallajah road or beach road or any other place. This is being emphasised so that normal life of the public in that locality will not be affected so also normal traffic.
(xvi) It is also made clear that the traffic police need not divert the traffic from any directions to any direction or towards Mount road or wallajah road as the case may be.
(xvii) The processionists shall furnish the name of the group leaders who lead each group of 300 persons under whose control the group of 300 persons are placed to proceed before commencement of procession. (xviii) The first respondent shall arrange for necessary vehicles with a doctor and para medical person to be in waiting in the Government Estate and in the case of emergency to make medical services available. (xix) Mr.Soundararajan, General Secretary of the petitionerfederation undertakes that the Federation shall provide drinking water facility for the processionists at its cost.
(xx) Any violation or breach of the conditions imposed or in the event of any untoward incident or law and order situation, break down of the procession, it is open to the respondents to forthwith cancel the permission and it is for the first respondent to take appropriate action or contain the procession.
(xxi) Before grant of permission imposing above conditions and other usual conditions that are imposed by first respondent normally, the Federation shall furnish the names of seven representatives, whom the Federation deputes to submit memorandum to the Honourable Minister.
12. There will be a direction in this writ petition in the above terms. No costs. Consequently, W.M.P. No.17547 of 2002 is closed.
17.4.2002.
Index:: Yes Internet:: Yes.
ssk.
Note to office:-
Issue today.
To
1. The Commissioner of Police, Chennai City, Egmore, Chennai 600 008.
2. Inspector of Police, D-1 Police Station, Chennai 600 002.
E.PADMANABHAN,J.
ssk.
W.P.No.13042/2002