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2019 DIGILAW 236 (MAD)

A. S. Raja Mohammed v. Superintendent of Police, Office of the Superintendent of Police

2019-01-24

A.D.JAGADISH CHANDIRA

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ORDER : 1. This Writ Petition has been filed to direct the respondents to conduct a Rally from Cumbum Mettu Road to Park Thidal on 28.01.2019 from 04.00 pm and to conduct public meeting at Park Thidal, Theni District on 28.01.2019 from 05.00 pm to 10.00 pm or within the time stipulated by this Court. 2. Heard the learned Counsel for the appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 3. The learned Counsel for the petitioner would submit that the petitioner is a District Secretary of Indian National League Party in Theni District and decided to conduct a rally and a public meeting on 28.01.2019. In this regard, the petitioner has requested the respondent police to grant permission for the above said programmes. Whereas, the respondent police have not considered the same, thereby, the petitioner has approached this Court. 4. The learned Additional Public Prosecutor has filed a counter affidavit stating that the petitioner has some criminal background and that cases are registered against him. He would further submit that the petitioner has requested for conducting a rally and also for the meeting and that the respondents apprehending the disturbance to law and order and breach of peace have some reservations in granting permission. He would further submit that if the petitioner is prepared to give up seeking permission for rally and seeks permission for conducting meeting alone and it is prepared to conduct the meeting at a alternative place, where generally permission is granted to conduct meeting, the respondents may consider the request of the petitioner and grant permission to the petitioner to conduct the meeting alone. 5. The learned Counsel for the petitioner would submit that he is prepared to conduct the meeting at Pavalar Thidal and he would also withdraw seeking permission for conducting rally and will restrict for conducting meeting alone and would further submit that necessary undertakings will be given to the respondents to conduct the meeting in a peaceful manner without causing any disturbance to the public. 6. The apprehension of the respondents is taken note of. 6. The apprehension of the respondents is taken note of. In view of the same, the respondents police are directed to grant permission for conducting the public meeting alone, by enclosing the following conditions: (1) The public meeting scheduled to be held on 28.01.2019 by the petitioner at Pavalar Thidal, Theni District should be completed within the time frame fixed by the respondent police; (2) The petitioner and other participants shall not shout, raise any slogan against any party or party leader, any caste, community or creed; (3) The petitioner shall ensure that no untoward incident is caused disturbing the public peace and tranquillity; (4) Public address system can be used only within permissible limits; (5) The petitioner will ensure that no flex board or hoardings depicting particular community or leader will be displayed; (6) There should not be any Flex Boards representing any community or political leaders; (7) If there is any violation of any one of the conditions imposed, the concerned Police Officer is at liberty to take necessary action, as per law and stop such performance; (8) Similarly, the Police is empowered to stop the public meeting, if it exceeds beyond the permitted time; (9) The participants of the public meeting shall not intake any kind of toxic substance or liquor during the meeting; (10) If any untoward incident takes place, the organizers of the public meeting be made responsible for the same; (11) The third respondent is at liberty to impose any further restrictions or to impose any condition purely in the interest of preserving public order and tranquillity, so as to maintain law and order and communal harmony. 7. The petitioner is also directed to ensure that the conditions are strictly compiled with and also to ensure that no law and order problem is created in the course of conducting the public meeting. The writ petition stands disposed of with the above directions. No costs.