IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED2409.2013 CORAM THE HON'BLE MR.R.K.AGRAWAL, THE ACTING CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.12534 of 2013 and M.P.No.1 of 2013 R.Gandhi .. Petitioner Vs. 1.The State of Tamil Nadu, rep. By its Secretary to Government, Home Department, Fort St.George, Chennai-600 009. 2.The Director General of Police, Mylapore, Chennai 600 004. 3.The Commissioner of Police, Egmore, Chennai-600 008. .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the respondents, their men, agents or their subordinates from in any manner restricting the public from honoring to the Father of Nation Mahatma Gandhi statute at Marina Beach from morning on the day of death and birth anniversary viz., 30th January and 2nd October respectively of every forthcoming year except 10 to 15 minutes of restriction for the visit of Governor and Chief Minister. For Petitioner : Mr.R.Gandhi, Senior Counsel / Party-in-Person For Respondents : Mr.T.N.Rajagopalan, Special Government Pleader ORDER
The writ petitioner is a designated Senior Advocate of this Court and he has filed this Public Interest Litigation, praying for issuance of a Writ of Mandamus forbearing the respondents, their men, agents or their subordinates from in any manner restricting the public from honoring the Father of Nation Mahatma Gandhi statute at Marina Beach from the morning hours on the death and birth anniversary viz., 30th January and 2nd October respectively of every forthcoming year except for the interval of 10 to 15 minutes for the visit of His Excellency, The Governor of Tamil Nadu and the Hon'ble Chief Minister of Tamil Nadu.
2. The petitioner, in the affidavit filed in support of this writ petition, avers that his father was a freedom fighter and he suffered 3 years jail term for participating in the Quit India Movement which took place between 1942 and 1945. The petitioner has stated among other things that the birth anniversary of the Father of Nation - Mahatma Gandhi falls on 2nd October and Mortuar day falls on 30th January and it has become the habit on the part of police to completely prohibit people from coming in any way near the statue of the Father of Nation at Kamarajar Salai, opposite to the office of the Director General of Police, on the pretext of VIPs and VVIPs visit. The petitioner would further aver that on 30.01.2013 more than 1000 children dressed like Mahatma Gandhi and they were about to start their march from Vivekanandar House from 8.30 a.m to Gandhi statue to pay their obeisance before the statue of Mahatma Gandhi situated in the above place and to take pictures, but they were informed by the police personnel that they could do so only after the visit of very very important personalities. However, the visit of VIPs and VVIPs was only at about 10.30 a.m and all along, young children were made to stand in hot sun and some of them also fainted. It is also stated by the petitioner that for the purpose of VVIPs visit to garland the statue of Mahatma Gandhi, vehicular traffic was stopped and diverted and the petitioner do not know whether the dignitaries were made aware of the same or not. According to the petitioner, these kind of things are not taking place in the neighbouring states namely, Andhra Pradesh, Karnataka and Kerala and it happens only in this State and therefore, came forward to file this writ petition.
3. The Joint Commissioner of Police East, Greater Chennai Police, has filed a counter affidavit on behalf of the third respondent namely, Commissioner of Police, Greater Chennai City Police, and he has denied the averments made in the affidavit filed in support of the writ petition and would further state that every year on 2nd October and 30th January, being the birth and death anniversary of the Father of Nation, many dignitaries from various walks of life including His Excellency, The Governor of Tamil Nadu and the Hon'ble Chief Minister of Tamil Nadu, used to pay respect by garlanding the Mahatma Gandhi statue. It is further stated that some of the dignitaries are under special security cover and therefore, necessary and mandatory directions have to be taken as per the guidelines issued by the Central and State Government and only during the time of visit of persons, who are under the special security cover, movement of public near the statue of Mahatma Gandhi is regulated to prevent any untoward incident. The said official would further aver that it is also the bounden duty of the police to protect VIPs and VVIPs in the prevailing situation and consequently, their acts cannot be termed as unconstitutional. The third respondent is also very categorical that the free movement of general public to pay homage to the Father of Nation would not be disturbed and will be regulated during the time of the visit of VVIPs and VIPs and that too for a short duration and further aver that there is no intention on their part to prevent or prohibit the general public to pay respect to the departed noble soul and hence, prays for dismissal of this writ petition.
4. Mr.R.Gandhi, learned Senior Counsel appearing as petitioner/party-in-person has invited the attention of this Court to the averments made in the affidavit filed in support of the writ petition and vehemently contended that the Father of Nation has led a very simple life and on his birth and death anniversaries, people from all walks of life used to pay obeisance to him and under the guise of visit of VVIPs and VIPs, the general public are prevented from paying respect and it it against the principles practiced by the Father of Nation. The learned Senior Counsel has further drawn the attention of this Court to Para No.6 of the affidavit and submitted that 1000 small children, who were in the attire of the Father of Nation, were prevented from paying their respect and were made to wait in the hot sun nearly for two hours and unable to bear with the same, some of the students also swooned and the act of the police personnel in preventing them from paying respect to the statue of the Father of Nation was nothing but cruel. Lastly, it is submitted by the learned Senior Counsel that in the near future, the visit of important dignitaries is to be regulated, so that people from all walks of life including the poor and down trodden can pay respect on those two occasions.
5. Per contra, Mr.T.N.Rajagopalan, learned Special Government Pleader would submit that it is not the intention of police to prevent the general public from paying respect to the Father of Nation and since on the birth and death anniversaries of the Father of Nation, VVIPs and VIPs including His Excellency, The Governor of Tamil Nadu and the Hon'ble Chief Minister of Tamil Nadu used to garland the statue of Mahatma Gandhi situated at Kamarajar Salai and since they are under special security cover, the police is under duty to prevent any untoward incident and only they are regulating the movement of public near the statue of Mahatma Gandhi, till they left the place. It is the further submission of the learned Special Government Pleader that in the counter affidavit filed on behalf of the third respondent, necessary assurance and undertaking has been given that free movement of the general public to pay homage to the Father of Nation would not be disturbed and it is only regulated during the time of visit of VVIPs and VIPs that too for a short duration and hence, prays for dismissal of the writ petition.
6. This Court has carefully considered the submissions of the petitioner/party-in-person and the learned Special Government Pleader and also perused the materials placed before it.
7. Admittedly, His Excellency, The Governor of Tamil Nadu and the Hon'ble Chief Minister of Tamil Nadu are under special security cover and at the time of their visit for the purpose of garlanding the statue of the Father of Nation at Kamarajar Salai, opposite to the office of the Director General of Police, police personnel are duty bound to provide necessary protection and adequate security and only for that purpose, they are regulating the traffic. It is the vehement and forceful submission of the petitioner/party-in-person, who is also a designated Senior Advocate of this Court, that on 30.01.2013, not only number of small children were made to wait in the hot sun, but also Thiru Kalyanam, Former Secretary of Mahatma Gandhi and he has fainted by the action of the police personnel and therefore, necessary direction may be given to police personnel to avoid such kind of inconvenience.
8. No doubt, the lives of VVIPs and VIPs, who are under special security cover, are to be protected, but at the same time, the sentiments of the general public are also to be respected. Therefore, it is the duty of the third respondent to take necessary and possible steps so as to enable the public hailing from all walks of life to pay respects to the statue of the Father of Nation-Mahatma Gandhi, installed at Kamarajar Salai, opposite to the office of the Director General of Police, without any discomfort/minimum inconvenience. The third respondent has also given such a kind of assurance in para No.8 of the counter affidavit.
9. In the result, this Writ Petition is disposed of, directing the third respondent to take necessary steps so as to enable the people from all walks of life to pay respect/honour to the statue of the Father of Nation-Mahatma Gandhi, situated at Marina Beach on the birth anniversary on 2nd October and death anniversary on 30th January with least and minimum inconvenience. No costs. Consequently, the connected miscellaneous petition is closed. [R.K.A. ACJ.]. [M.S.N, J.]. 24.09.2013 Index : No Internet : Yes jvm To 1.The Secretary to Government, The State of Tamil Nadu, Home Department, Fort St.George, Chennai-600 009. 2.The Director General of Police, Mylapore, Chennai 600 004. 3.The Commissioner of Police, Egmore, Chennai-600 008. THE HON'BLE THE ACTING CHIEF JUSTICE, J., AND M.SATHYANARAYANAN, J.
jvm W.P.No.12534 of 2013 24.09.2013