Madras High Court
A.M.Mohammed Nisar vs The Commissioner Of Police on 13 April, 2022
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
WP.No.8984 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.04.2022
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
W.P.No.8984 of 2022
A.M.Mohammed Nisar .
Founder and Chairman
Athayi Group of Educational Institution,
New No.8/2, Old No.10/2, 10/3,
Muktha Garden, Chetpet,
Chennai 600 031. .. Petitioner
Vs.
1.The Commissioner of Police,
Commissioner Office Building,
No.132, E.V.K.Sampath Salai,
Vepery, Chennai 600 007.
2.The Joint Commissioner of Police,
Eastern Zone,
Egmore, Chennai 600 008.
3.The Inspector of Police,
D2- Anna Salai Police Station,
Chennai. ... Respondents
PRAYER: This Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus by calling for the records pertaining to the impugned
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WP.No.8984 of 2022
letter e/f/vz;/bghJ/1/bghJgphpt[/fp/k/51/5301/2022 dated 02.04.2022 passed
by second respondent and quash the same subsequently direct the first respondent
to provide permission to the petitioner's Institution to conduct the Spiritual
Ramadan Classes and convocation for the students at YMCA Ground Royapettah,
Chennai from 19.04.2022 to 29.04.2022 based on the representation dated
06.04.2022.
For Petitioner : Mr.A.Raja Mohamed
For Respondents : Mr.A.Gokulakrishnan,
Additional Public Prosecutor
ORDER
This Writ Petition has been filed to call for records pertaining to the impugned letter e/f/vz;/bghJ/1/bghJgphpt[/fp/k/51/5301/2022 dated 02.04.2022 passed by second respondent and quash the same subsequently direct the first respondent to provide permission to the petitioner's Institution to conduct the Spiritual Ramdan Classes and convocation for the students at YMCA Ground Royapettah, Chennai from 19.04.2022 to 29.04.2022 based on the representation dated 06.04.2022.
2. The case of the petitioner is as under:-
i) The petitioner is the Founder and Chairman of Athayi Group of Educational Institution. The said Athayi Group of Educational Institution had 2/14 https://www.mhc.tn.gov.in/judis WP.No.8984 of 2022 commenced its first college in 1996 with its dual educational programming to train in religious and academic education to serve the people. It has served centres in various Districts. The syllabus of the Athayi has been so designed that when the college students leaves the premises after successfully completing the prescribed period of studies, they get out as genius with matured mind. Many of the students have passed CA, Law, State & Central Government competitive exams and working in foreign countries as Translators, PROs, etc.
ii) The Institution has planned to conduct Spiritual Ramadan Moral classes for students and staff at YMCA Ground Auditorium, Royapettah, Chennai from the 1st day of Ramdan i.e.,03.04.2022 till 27 th day of Ramadan i.e.,29.04.2022.
The Institution, in order to facilitate 300 students from various Districts, who have graduated, had approached the third respondent for permission around 20 days back and based on the oral permission given by them, the petitioner's Institution had booked YMCA ground at Royapettah for rental amount of Rs.5 Lakhs and started to make arrangement for the programme like place for staying, lighting, parking facilities, doctor, nurse, ambulance, rest rooms, bath rooms, cooking place, etc., for which they had spent few lakhs of Rupees. YMCA ground has an Auditorium, which has a capacity to occupy 5000 members and that the petitioner 3/14 https://www.mhc.tn.gov.in/judis WP.No.8984 of 2022 Institution has also planned to accommodate 300+ members for the programme for which the said Auditorium is more than enough.
iii) The Institution has also planned to call a few political, Spiritual leaders in rotation basis as guest lecturers for the programme to facilitate the students. The petitioner had given a representation dated 31.03.2022 to the third respondent in Tamil and subsequently, the third respondent asked the petitioner to give a letter in English alongwith the diagram of the ground and its arrangement. Thereafter, the petitioner had given a letter dated 01.04.2022 to the third respondent in English along with the diagram of the ground and its arrangement as directed. Even during that time, they were promised that they would get the permission without any issues.
iv) However, on 02.04.2022 around 5.30 pm, the petitioner had received a call from the third respondent to collect the reply letter regarding the permission request. Thereupon, to the shock and surprise, the third respondent had handed over a letter of rejection of their request signed by the second respondent. Thereby, the present petition has been filed seeking to direct the first respondent to provide permission to the petitioner's Institution to conduct the Spiritual Ramdan Classes and convocation for the student at YMCA Ground Royapettah, Chennai. 4/14 https://www.mhc.tn.gov.in/judis WP.No.8984 of 2022
3. Learned counsel for the petitioner would submit that the respondents police have granted permission to so many organizations and political parties for conducting parties and meetings at the same venue. He would also submit that the petitioner's Institution is an Educational Institution commenced in the year of 1996 and it is the first college with its dual educational programming to train students in both religion and academics. He would submit that this year, the petitioner's Institution has intended to conduct convocation programme along with the training programme to the students from various centres at one common place at Chennai and thereby, the petitioner had booked YMCA ground at Royapettah, Chennai under the hope that they would get permission since permission had already been granted to various other organisations and political parties to conduct their programmes.
4. The learned counsel for the petitioner would further submit that the YMCA, Royapettah, Chennai is a spacious place where, the respondents have permitted several organizations and political parties to conduct their conference and even the third respondent had promised the petitioner that he would get permission without any issues and believing the same, the petitioner had also started to make arrangements and had spent a few lakhs of rupees, however, after 5/14 https://www.mhc.tn.gov.in/judis WP.No.8984 of 2022 making the petitioner to submit his representation one after the other with sketch and diagram of the YMCA ground, giving false hope that he would get necessary permission, at the last moment, it was denied by the second respondent vide his letter dated 2.4.2022. He would submit that very feeble grounds are taken by the second respondent to deny the permission as if it is a congested place and there are no facilities to conduct such gatherings and since the Metro Rail working is going on, it may cause disturbance to the traffic. The second respondent had also stated that considering the possibility of frequent ingress and egress of the students, it would not be possible for the police to provide protection to the students, however, it is intended that the students will stay inside the premises for the whole 10 days and due protection will also be provided to them inside the campus.
5. The learned counsel would further submit that denial of permission is made on the ground that there would be some untoward incident in the event of preparation of food at the sheds erected for stay of the students, whereas, the food is being arranged to be prepared by reputed caterers, who have got proper licence. He would also submit that in that YMCA ground, several weddings and political conference have been conducted in the past and there had been large gatherings without any issue. He would submit that the petitioner had intended to invite 6/14 https://www.mhc.tn.gov.in/judis WP.No.8984 of 2022 dignitaries from various organizations and political parties to visit the programme and thereafter, there will be interaction and discussion session which would be held at around 6 pm to 8 pm. He would submit that the petitioner is also ready to give an undertaking to the respondents and the petitioner has also filed an Affidavit of Undertaking before this Court today. He would further submit that every endevour will be taken to ensure that the Public Addressing System is used within permissible limits, without causing any disturbance to the neighbours in that area. He would submit that the Constitution of India guarantees the right to lawful gathering subject to reasonable restrictions and they are prepared to abide by any reasonable condition that may be imposed by the respondents, however, it cannot be rejected on untenable and unreasonable grounds. Thereby, he would submit that the denial of permission is without any sound basis and he would pray that the impugned order may be set aside and the first petitioner may be directed to give permission to conduct the programme.
6. Per contra, Mr.A.Gokulakrishnan, learned Additional Public Prosecutor would submit that though all along permission have been granted to the various organizations in the ground, as of now, Metro Rail work is going on and the entry and exit to the ground is very much restricted and fearing that it will cause 7/14 https://www.mhc.tn.gov.in/judis WP.No.8984 of 2022 disturbance to the visitors to the ground, the respondents have rejected the application. He would further submit that the respondents have also apprehension that there may be some law and order problem arising due to the movement of students in and out of the premises and it would also create disturbance to the traffic. He would further submit that finding that it would not be convenient for the students to stay in temporary sheds during the summer, the second respondent had rejected the same. He would also submit that the petitioner had also intended to invite dignitaries from various political and social organisations and that whenever they visit the venue, there will also be a large gathering causing much disturbance to others and thereby he would submit that there is no infirmity in the order passed passed by the second respondent, however, in the event of this court intending to grant permission, it may be granted subject to certain restrictions.
7. In reply, the learned counsel for the petitioner would submit that they have invited only the dignitaries and they have not invited cadres of the social or political organisation and the dignitaries, who are invited to attend the programme would visit the venue only in the evenings and porridge will be shared with the dignitaries and there will not be a large gathering of political leaders creating any problems.
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8. Heard the learned counsel appearing for both sides and perused the materials available on record.
9. The petitioner has sought for permission to conduct a Spritual Ramadan Gathering Programme for the period from 3.4.2022 to 29.4.2022. Now, ten days have already gone. The petitioner has made a request to conduct the Programme for 300 students and at the end of the each day to invite dignitaries from various social and political walks of life for interactions and discussions. The petitioner has also filed an Affidavit, the relevant portion of which is extracted hereunder:-
"i) It is to be informed that there will be around 300 Students and Staffs and Authorities and Volunteers will be participating in this program. I undertake that I will make proper arrangements for the dwelling for the residents in YMCA Royapettah.
ii) I undertake that I will make proper arrangements for the parking of vehicles without any disturbance to the public.
iii) I undertake that this program is arranged in the covered Auditorium of a private property and the 9/14 https://www.mhc.tn.gov.in/judis WP.No.8984 of 2022 microphone and speakers will be fixed inside the Auditorium in such a way that it will not create any sound disturbance to the pubic.
iv) I hereby inform that the guests visiting the program will come on rotation basis at Iftihar time (breaking of fasting) to the venue and I undertake that there will not be any havoc due to the visiting of the guests.
v) I undertake that I will arrange for outdoor catering to serve the food to the students, staffs and authorities of our institution.
vi) I undertake that all the students, staff and authorities at the program will follow the current protocols of Covid-19 as prescribed by the Government.
vii) I undertake that I will arrange vlunteers at the entrance and at the required places to regularize the traffic and
4. I submit that I would like to state here that the students who are going to participate in this program are above 18 years old, Major students."
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10. The apprehension of the petitioner is that there will be frequent movement of students from the venue thereby creating problem to other persons, whereas, it is the contention of the petitioners that the total number of students participating in the programme is only 300 and they would also stay inside and that the dignitaries from other political and social dignitaries who have been invited for the programme will be visiting the venue only in the evening and they will also not be accompanied by a large gathering.
11. In view of the above, this impugned impugned letter e/f/vz;/bghJ/1/bghJgphpt[/fp/k/51/5301/2022 dated 02.04.2022 passed by second respondent is set aside. Considering the representation of the petitioner and the Affidavit of Undertaking filed, the first respondent is directed to grant permission to the petitioner to conduct the Spiritual Ramdan Classes and convocation for the students at YMCA Ground Royapettah, Chennai on the following date and time:
i) For inmates/students, the programme to be held from 19.04.2022 to 29.04.2022 (all days) from 6.00 a.m. to 9.00 p.m.
ii) For Visitors/Dignitaries alongwith their entourage, the programme to be held from 27.04.2022 to 29.04.2022 from 6.00 p.m. to 8.00 p.m. and on the last 11/14 https://www.mhc.tn.gov.in/judis WP.No.8984 of 2022 day alone i.e., 29.04.2022, the programme to be held from 6.00 p.m. to 9.00 p.m.
12. The petitioner is also directed to ensure that the undertaking given by them and the conditions imposed by the respondents are strictly complied with and also to ensure that no law and order problem is created in the course of conducting the programme .
13. With the above observation and direction, this Writ Petition stands disposed of.
13.04.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order Note: Issue order copy on 18.04.2022 shk/ssk.
To
1.The Commissioner of Police, Commissioner Office Building, No.132, E.V.K.Sampath Salai, Vepery, Chennai 600 007.
2.The Joint Commissioner of Police, Eastern Zone, Egmore, Chennai 600 008.
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3.The Inspector of Police, D2- Anna Salai Police Station, Chennai.
4.The Public Prosecutor, Madras High Court.
13/14 https://www.mhc.tn.gov.in/judis WP.No.8984 of 2022 A.D.JAGADISH CHANDIRA.,J shk/ssk.
W.P.No.8984 of 2022 13.4.2022.
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