Madras High Court
G.Mayakannan vs The Inspector Of Police on 12 September, 2019
Author: M.S. Ramesh
Bench: M.S. Ramesh
W.P.No.27076 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.09.2019
CORAM
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.27076 of 2019
and
W.M.P.No.26445 of 2019
G.Mayakannan ...Petitioner
Vs
1. The Inspector of Police,
B1 Police Station,
Dharmapuri, Dharmapuri District.
2. The Superintendent of Police,
Dharmapuri Distirct,
Dharmapuri. ...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
impugned order Na.Ka.No.175/ka/Aa/Dharmapuri/forecase/19 dated
28.08.2019, on the file of the 1st respondent and quash the same as illegal and
directing the 1st respondent to grant permission to hold hall meeting on
12.09.2019 or any other future date at 4 PM, in RK Thirumana Mandapam, near
Vaara Sandhai, Dharmapuri or to hold the public meeting within the
Dharmapuri Town.
For Petitioner : Mr.R.Sankarasubbu
For Respondents : Mr.C.Iyyapparaj, APP
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http://www.judis.nic.in
W.P.No.27076 of 2019
ORDER
The order impugned in the present Writ Petition is rejection of the petitioner's request to conduct a meeting to pay homage to their elders. The meeting was contemplated to be held in a closed hall on 12.09.2019 at 4.00 PM at RK Thirumana Mandapan, near Vaara Sandhai, Dharmapuri. The respondents herein had rejected the petitioner's application on the ground that there is a prohibitory order under Section 30(2) of the Police Act and that the conduct of the meeting would cause inconvenience to the traffic and general public. This Court is unable to appreciate such a reasoning given.
2. Firstly, the meeting is proposed to be conducted in a closed private premises and as such, the respondent police may not be justified in rejecting the request for such conduct of public meeting inside a private hall. Secondly, if the respondents are of the view that the meeting would cause inconvenience to the general public and traffic, it is the duty of the police to regulate the traffic, so as not to cause any inconvenience to the general public and on that ground, the rejection may not be proper.
3. This Court, in various decisions, had held that the right to conduct a public meeting is a Fundamental Right and that Article 19(2) of the 2/5 http://www.judis.nic.in W.P.No.27076 of 2019 Constitution of India has empowered the State to make laws to impose reasonable restrictions on the Fundamental Right to free speech. In One such decision of this Court passed in the case of P.Karthikeyan vs The Inspector of Police and another in W.P.No.7094 of 2019, dated 25.04.2019, certain conditions were imposed for conduct of a public meeting in a private place, by imposing certain restrictions. I am of the view that if the same conditions are imposed for granting permission to the petitioner to conduct a meeting, the ends of justice would be secured.
4. In the light of the above observations, the impugned order dated 28.08.2019 on the file of the 1st respondent, is set aside. Consequently, the petitioner herein is granted permission to conduct the meeting on 12.09.2019 in RK Thirumana Mandapan, near Vaara Sandhai, Dharmapuri from 04.00 PM to 08.00 PM on the following conditions:
(a) That the petitioner takes responsibility that none of the speakers, while they exercise their right to free speech and expression, will violate or infringe any of those heads (on which State has made laws or has power to make laws) under Article 19(2) of the Constitution (each of them should be specifically stated) and that he would abide by the Constitutional values, and that he takes responsibility, for peaceful conduct of the meeting.3/5
http://www.judis.nic.in W.P.No.27076 of 2019
(b) That no picture, cartoons, caricatures, posters and every form of visual depiction, depicting any religious symbols or other images to used in any form as to hurt the religious sentiments of any religious group, nor shall display anything banned under the law of India.
5. The Writ Petitions stands ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed.
12.09.2019 Index:yes/no Internet:yes/no hvk (Note: Issue order copy today) To
1. The Inspector of Police, B1 Police Station, Dharmapuri, Dharmapuri District.
2. The Superintendent of Police, Dharmapuri Distirct, Dharmapuri.
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hvk W.P.No.27076 of 2019 and W.M.P.No.26445 of 2019 12.09.2019 5/5 http://www.judis.nic.in