Madras High Court
Thol.Thirumaavalavan vs The Director General Of Police on 5 April, 2019
Author: R.Subramanian
Bench: R.Subramanian
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.04.2019
CORAM
THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN
Crl.O.P. No.8751 of 2019
Thol.Thirumaavalavan
... Petitioner
.vs.
1.The Director General of Police,
Office of the Director General of Police,
Dr.Radhakrishnan Salai,
Mylapore, Chennai – 600 004.
2.The Home Secretary to
Government of Tamilnadu,
Fort St.George, Chennai – 600 009.
3.The Superintendent of Police,
Cuddalore District.
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure to issue an order directing the respondents 1 to 3 i.e.,
the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai –
600 004 and The Home Secretary to Government of Tamilnadu, Fort
St.George, Chennai – 600 009 and the Superintendent of Police, Cuddalore
District to provide adequate police security cover/ protection to the
petitioner for ensuing Parliamentary Elections in Tamilnadu based on the
representation dated 19.03.2019 given to the respondents 1 to 3 by the
http://www.judis.nic.in
2
petitioner.
For Petitioner : Mr.T.Mohan
For Respondents : Mr.A.Natarajan ,
State Public Prosecutor
Assisted by Mohamed Muzzamil
ORDER
The petitioner seeks adequate police security cover/ protection to him during his campaign for the ensuing Parliamentary Elections in Tamilnadu based on his representation dated 19.03.2019.
2. The petitioner is the Founder and Leader of a political party viz., Viduthalai Chiruthaigal Katchi, shortly known as V.C.K. The petitioner had given a representation to the respondents on 19.03.2019 seeking police protection alleging that there are certain threats to him and he has to widely travel all over the State, in order to campaign for the ensuing Lok Sabha elections.
3. The District Superintendent of Police, Cuddalore has filed a counter affidavit wherein it is stated as follows:
“4. I submit that presently petitioner is http://www.judis.nic.in 3 contesting from Chidambaram [Reserve] constituency along with the alliance of DMK, MDMK, Congress, Communist parties and others. Right from the time of his arrival in Cuddalore District, necessary bandobust is being provided headed by DSP and 10 AR constables [Striking Force] wherever he visits. In case of any public meetings and street corner meetings to be attended by the petitioner, there would be one DSP of the same sub division, four Inspectors of Police, six Sub Inspectors of Police, and 25 other pOlice Constables be deputed to look after his safety and security and for providing bandobust. In those places wherein the petitioner is staying, sufficient strength is deployed and patrolling is also intensified in these areas. Similar security arrangements is also being provided to the petitioner as and when he visits other District in the State by the concerned District Police.
8. Hence, it is finally submitted that the Petitioner is being continuously given all necessary escort and bandobust in Cuddalore District where ever and whenever he visits his contesting constituency and in the neighbour areas. ” http://www.judis.nic.in 4
4. Mr.T.Mohan, learned counsel appearing for the petitioner would submit that the protection given should not be confined to Cuddalore District it should also be extended to other areas and Districts wherever the petitioner goes for campaign.
5. The answer to the said contention of Mr.T.Mohan lies in paragraph 4 of the counter affidavit, wherein the Superintendent of Police has made it clear that similar security arrangement is also being provided to the petitioner as and when he visits other District in the State by the concerned District Police.
6. This Criminal Original Petition is disposed of recording the statement made in the counter affidavit. Liberty is given to the petitioner to approach this Court, if he find any defects in the security arrangements. It is made clear that this order will be in force only till the elections are over.
05.04.2019
Index : Yes/No
Internet : Yes/No
dsa
Note: Issue a copy of the order by 08.04.2019. http://www.judis.nic.in 5 To
1.The Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai – 600 004.
2.The Home Secretary to Government of Tamilnadu, Fort St.George, Chennai – 600 009.
3.The Superintendent of Police, Cuddalore District.
http://www.judis.nic.in 6 R.SUBRAMANIAN.J., dsa Crl.O.P. No.8751 of 2019 05.04.2019 http://www.judis.nic.in