IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:
24. 01.2014 CORAM: THE HON'BLE MR.JUSTICE V. DHANAPALAN W.P.No.35253 of 2013 Kongu Nadu Vettuva Gounder Elaingar Nala Sangam (Tamil Nadu) Reg. No.346/2013 Rep. by its General Secretary K.S.Raj Gounder @ S.Rajkumar S/o.Sadhasivam, No.28, Karuthipalayam Thamaraipalayam Post, Erode District. ... Petitioner -vs- 1. The Inspector General of Police West Zone, Coimbatore.
2. The District Collector, Namakkal District.
3. The Superintendent of Police, Namakkal District, Namakkal.
4. The Superintendent of Police, Erode District, Erode.
5. The Inspector of Police Pallipalayam Police Station, Pallipalayam, Namakkal District. .. Respondents Prayer: Writ petition is filed under Article 226 of Constitution of India for issuance of a writ of Mandamus, directing the respondents to permit the petitioner to make vide publicity by way of putting up the flex board, making publicity through mike set in all over Namakkal, Karur, Erode, Salem, Coimbatore, Dindigul and Tiruppur Districts from 26.01.2014 to 02.02.2014 and to conduct conference on 02.02.2014 at Veppadai, Tiruchengode Taluk, Namakkal District as also dance programme on the same day. For Petitioner : Mr.C.Prakasam For Respondents : Mr.P.Sanjai Gandhi Addl. Govt. Pleader ******
ORDERThe General Secretary of Kongu Nadu Vettuva Gounder Elaingar Nala Sangam has filed this writ petition for issuance of a writ in the nature of Mandamus, seeking following directions:
1. to permit the petitioner to make vide publicity by way of putting up the flex board, making publicity through mike set in all over Namakkal, Karur, Erode, Salem and Coimbatore Districts from 26.01.2014 to 02.02.2014; 2.to conduct conference on 02.02.2014 at Veppadai, Tiruchengode Taluk, Namakkal District; and 3.to conduct dance programme on the same day, viz., 02.02.2014.
2. According to the petitioner, he is the General Secretary of Kongu Nadu Vettuva Gounder Elaingar Nala Sangam, who made several requests to the Government for bringing Vettuva Gounder Sub Caste, Puluva Gounder in the list of Most Backward Class Community and in spite of his repeated written representations and agitations, there was no positive decision by the Government till date. 2a. It is submitted by the petitioner that since Vettuva Gounder Community people are residing more in Namakkal, Karur, Erode, Salem and Coimbatore Districts, his Sangam earlier decided to observe hunger fasting on 21.11.2013 at nearby Hotel Tamil Nadu, Jail Road, Gandhipuram, Coimbatore for which, Coimbatore Police did not grant permission and pursuant to the permission granted by this Court in W.P.No.30250 of 2013, the same was conducted in a peaceful manner. 2b. It is further submitted that in order to celebrate petitioner Sangam's first anniversary, it has decided to conduct conference on 02.02.2014 at Veppadai, Tiruchengode Taluk, Namakkal District and approached the respondents by submitting a representation dated 28.11.2013, seeking permission for making vide publicity by way of putting up flex board and through mike set all over Namakkal, Karur, Erode, Salem and Coimbatore Districts from 26.01.2014 to 02.02.2014 and also for conducting dance programme on the said date. Since no decision has been taken on its representation, the petitioner Sangam, finding no other alternative and efficacious remedy than to approach this Court, invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.
3. Mr.C.Prakasam, learned counsel appearing for the petitioner, in his submission has strenuously contended that all arrangements have been made to conduct the conference on 02.02.2014 and it is the petitioner's fundamental right guaranteed under Article 19(1)(a) of the Constitution of India to conduct the conference. On account of the dilatory tactics being adopted by the respondent police, the petitioner Sangam is put to irreparable loss and hardship. He has also contended that cadres of the petitioner's Sangam will conduct the conference without disturbing the peaceful flow of public and affecting law and order situation. Thus, the petitioner is before this Court seeking aforesaid directions.
4. In the course of his argument, learned counsel for the petitioner would rely on the following decisions: (i) a decision of this Court reported in 2010 (5) CTC134in the case of C.Sakthivel vs. The Commissioner of Police; ".8. It is seen that the petitioner is the District Secretary of Bahujan Samaj Party, North Chennai. It is claimed by him that his is a major political party in Indian continent and it is fighting for socially underprivileged and marginalized people through constitutional means and within the purview of established law. The petitioner also claims that the party is democratically fighting against social evils, concerns of the public, and conducting agitations through various methods viz., rally, fasting, dharna, public meeting etc. The petitioner gave a letter to the respondent on 24.07.2010 and sought for permission to convene the protest on 30.07.2010 against the action of the Government in respect of suspension of C.Uma Shankar, I.A.S., between 11.00 a.m. and 2.00 p.m. in front of Memorial Hall, which is the scheduled place for staging demonstration by all. A show cause notice was issued to the petitioner by the respondent, requesting to appear, for which the petitioner gave a reply on 28.07.2010. Thereafter, the petitioner met the respondent in person along with his counsel. However, permission to conduct the agitation was denied by the respondent, by passing the impugned order, dated 28.07.2010. Therefore, the petitioner has challenged the impugned order on the ground that it is in violation of Article 19 (1) (a) of the Constitution. The petitioner has specifically contended that the respondent ought to have followed Section 41 of the Madras City Police Act,1988, and the respondent has power to regulate the meetings, but not to refuse the permission of meeting.
9. In the case of S.Rangarajan v. P.Jagjivan Ram, cited supra, the Supreme Court had held that the democracy is a government by the people via open discussion. The democratic form of government itself demands its citizens an active and intelligent participation in the affairs of the community. The public discussion with peoples participation is a basic feature and a rational process of democracy which distinguishes it from all other forms of government. The democracy can neither work nor prosper unless people go out to share their views. The truth is that public discussion on issues relating to administration has positive value. The Supreme Court further held that there must be freedom of thought and the mind must be ready to receive new ideas, to critically analyse and examine them and to accept those which are found to stand the test of scrutiny and to reject the rest. Article 19(2), freedom of expression cannot be suppressed on account of threat of demonstration and processions or threats of violence. That would tantamount to negation of the rule of law and a surrender to blackmail and intimidation. It is the duty of the State to protect the freedom of expression since it is a liberty guaranteed against the State. The State cannot plead its inability to handle the hostile audience problem. It is its obligatory duty to prevent it and protect the freedom of expression.
10. Also, this Court dealt with a similar matter in the case of P.Nedumaran, cited above. In the said case, the stand of the State was that the petitioner was persistently extending support for an unlawful association viz., LTTE, which had been declared to be an unlawful association under the Unlawful Activities (Prevention) Act,1967. This Court held that the power conferred on the Commissioner under Section 41 of the Madras City Police Act is sweeping and that power is meant to be exercised with great care and caution. The Madras City Police Act is a pre-Constitution enactment, and the powers conferred on the authorities at a time when the country was under the colonial regime, and during the period when suppression of dissent was considered to be a legitimate policy of the State, cannot be exercised after the enactment of the Constitution in the same manner, as it was exercised earlier. The Intelligent Report placed before the Court shows that the police still have the attitude which does not seem to recognise that the country is a democratic nation, where every citizen has a right to full and equal participation in the process of Government. No citizen can be regarded as an enemy of the State merely because he has voiced a view which is not the one favoured by those in authority. The fact that the police are vested with power should not make them assume that, that power is available for exercise in any manner that they consider fit. That power is to be exercised strictly within the ambit of the provisions of the Constitution, more particularly, the requirement that any restriction placed on the exercise of fundamental rights should be a reasonable restriction, and the restrictions so placed should be shown to be essential, having regard to the permissible purpose for which restrictions may be imposed. This Court, while analysing the case, held that the meeting which the petitioner had wanted to hold was to have been held on the 19th January,1997, well over a year ago, and the authorities ought not to have refused permission mechanically. They should be in a position to satisfy the Court that such refusal falls strictly within the ambit of the permissible grounds for restricting the exercise of fundamental rights under Article 19 of the Constitution. A mere apprehension that some disturbance may be caused in the meeting place would not be sufficient. Under Sec.41 of the Madras City Police Act, the police have power to depute one or more police officers to be present at the meeting. If, at the meeting, such police officers were to find that anything illegal was being done, it would be open to them to take such further action as may be considered necessary in the circumstances. A blanket order refusing to permit the meeting to be held is not the method of relating the exercise of fundamental rights of freedom of speech, expression and assembly.
13. In Destruction of Public & Private Properties v. State of A.P., CDJ2009SC752 referred to above, the Supreme Court considered the two reports submitted one by Justice K.T.Thomas and the other by F.S.Nariman. In para 20 of the judgment, it was pointed out that "there is thus no doubt that the High Courts in India exercising their jurisdiction under Article 226 have the power to issue a writ of mandamus or a writ in the nature of mandamus or to pass orders and give necessary directions where the Government or a public authority has failed to exercise or has wrongly exercised the discretion conferred upon it by a statute or a rule or a policy decision of the Government or has exercised such discretion mala fide or on irrelevant considerations or by ignoring the relevant considerations and materials or in such a manner as to frustrate the object of conferring such discretion or the policy for implementing which such discretion has been conferred. In all such cases and in any other fit and proper case a High Court can, in the exercise of its jurisdiction under Article 226, issue a writ of mandamus or a writ in the nature of mandamus or pass orders and give directions to compel the performance in a proper and lawful manner of the discretion conferred upon the Government or a public authority, and in a proper case, in order to prevent injustice resulting to the parties concerned, the court may itself pass an order or give directions which the Government or the public authority should have passed or given had it properly and lawfully exercised its discretion.
14. While dealing with a similar situation, a learned single Judge of this Court in a recent decision in K.T.Patchaimal, cited above, in view of the binding legal precedent set out by the Supreme Court, allowed the Writ Petition and set aside the order passed by the respondent, directing the respondent to accord permission to conduct demonstration on the date requested or on any future date.
16. Law is well settled, as pronounced by the Supreme Court as well as this Court, that reasonable restrictions for the purpose mentioned in Article 19 (2) alone can be the reasons to refuse such a permission. A circumspection and clear analysis of the case on hand would not give any such impression for this Court that the demonstration contemplated by the petitioner is against any particular administrative function or otherwise, but, instead, they aim to protest against the action of the Government. If such permission is granted, it is always open for the authorities to regulate the same and also anything illegal being done and they can have every right to proceed against the perpetrators.". (ii) another decision of the Hon'ble Division Bench of this Court reported in (2013) 3 MLJ513in the case of Home Secretary, Government of Tamil Nadu and others vs. Era.Selvam and another; ".5. It is an admitted fact the Viduthalai Siruthaigal Katchi (VCK) is conducting Dr.B.R.Ambedkar birth anniversary and award giving fuunction from the year 2007. For conducting procession on 14.4.2013 the respondent in W.A.No.842 of 2013 submitted an application on 26.3.2013 seeking permission to hold procession at 10.00 a.m. from Rajarathinam Stadium to Langs Garden Road under the leadership of party President, who is also a Member of Parliament. The said application was processed and according to the learned counsel for the respondents, the Commissioner of Police/3rd appellant requested the respondent to change the timing of procession to 3.00 p.m. and the said suggestion was agreed and request was made to give permission to conduct procession from 3.00 p.m. instead of from 10.00 a.m. ".6. A show cause notice was issued on 10.4.2013 asking the respondents as to why the permission sought for to conduct procession shall not be rejected and the respondents were directed to approach the Assistant Commissioner of Police of the concerned police limit for the grant of permission to conduct public meeting. Time was granted to give objection up to 12.4.2013 at 11.00 a.m. and objection was filed before the Commissioner of Police on 10.4.2013 itself. No order having been passed and 12.4.2013 being the only working day, the respondents filed the writ petitions before this Court, which was taken up for hearing on 11.4.2013 in a special sitting and the learned Judge ordered to file counter/objection by the State Government and posted the matter on 12.4.2013. On 12.3.2013 counter affidavit was filed and the learned Advocate General urged all the grounds stated in the counter and opposed the prayer made in the writ petitions. The learned Judge passed orders granting permission to conduct procession and award giving function by fixing time i.e, to start procession at 3.00 p.m. and fixing time of meeting from 6.00 to 10.00 p.m. on 14.4.2013.
7. From the perusal of the order of the learned single Judge it could be seen that learned single Judge has ordered to regulate and control the procession without causing any hindrance to general public; procession should move quietly and peacefully; no words, actions, expressions shall be made by the writ petitioners and others, affecting the sentiments of others; the speakers can focus only on general topic and shall not speak on any other topics and on other parties/leaders; after the meeting people shall quietly disburse, without causing disturbance to people in and around and to general public; the vehicles shall be permitted to be parked in Marina area and police shall do the needful; and the cars and vehicles shall not be brought to the place of meeting. The leader of the party, who was present in the Court gave an undertaking to control the entire cadre while conducting processing and meeting and his undertaking was also recorded in the order. The police was directed to provide adequate protection to avoid untoward incidents.
10. The appellants cannot deny the right of the people though discretion is vested with them under Section 41 of the Chennai City Police Act, 1888. In Chennai City sufficient police force is available to meet any eventuality. In the decision reported in AIR1973SC87(Himat Lal K.Shah v. Commissioner of Police, Ahmedabad), it is held that although right to hold a public meeting at a public place may not be a fundamental right by itself, yet it is so closely connected with fundamental right that a power to regulate it should not be left in a nebulous state. Article 19(1)(a) of the Constitution of India guarantees to all citizen the right to freedom of speech and expression subject to reasonable restrictions on the grounds set out under Article 19(2). The reasonable limitations can be put in the interest of sovereignity and integrity of India, the security of the state, friendly relations with foreign states, public order, decency or morality or in relation to contempt of court, defamation or incitement of an offence. In the decision reported in (1989) 2 SCC574(S.Rangarajan v. P.Jagjivan Ram) in paragraph 53 the Supreme Court held thus, ".53. Freedom of expression which is legitimate and constitutionally protected, cannot be held to ransom by an intolerant group of people. The fundamental freedom under Article 19(1)(a) can be reasonably restricted only for the purposes mentioned in Article 19(2) and the restriction must be justified on the anvil of necessity and not the quicksand of convenience or expediency. Open criticism of government policies and operations is not a ground for restricting expression. We must practice tolerance to the views of others. Intolerance is as much dangerous to democracy as to the person himself".
11. In the decision reported in (2012) 5 SCC1(Ramlila Maidan Incident, In Re) the Supreme Court held that the Freedom of speech, right to assemble and demonstrate by holding dharnas and peaceful agitations are the basic features of democratic system. In para 245 the Supreme Court held thus, ".245. .............. The people of a democratic country like ours have a right to raise their voice against the decisions and actions of the Government or even to express their resentment over the actions of the Government on any subject of social or national importance. The Government has to respect and, in fact, encourage exercise of such rights. It is the abundant duty of the State to aid the exercise of the right to freedom of speech as understood in its comprehensive sense and not to throttle or frustrate exercise of such rights by exercising its executive or legislative powers and passing orders or taking action in that direction in the name of reasonable restrictions. The preventive steps should be founded on actual and prominent threat endangering public order and tranquillity, as it may disturb the social order. This delegated power vested in the State has to be exercised with great caution and free from arbitrariness. It must serve the ends of the constitutional rights rather than to subvert them.".
12. Thus, the right of the citizens to conduct procession and public meeting cannot be curtailed, except on definite reasons and not on mere surmises. In the Division Bench Judgment of this Court reported in CDJ2008MHC613(cited supra) freedom to conduct meeting on a sensitive issue was considered and this Court directed to grant permission to hold the meeting and the police were directed to provide adequate protection for the smooth conduct of the meeting.
13. The decision cited by the learned Advocate General reported in (2004) 4 SCC684(supra) was rendered when the prohibitory order imposed under section 144 of the Crl.P.C. was challenged to prohibit religious meeting at communally sensitive area where several communal clashes resulted in several deaths and damages to public and private properties. The said facts are entirely different from the fact of this case.
14. Considering the above principles in mind as well as the claim made by the respondents in these writ appeals that they are organising procession and award giving function on the birth anniversary day of Dr.B.R.Ambedkar on 14.4.2013 and to avoid apprehension expressed by the learned Advocate General that the entire persons participating in the procession will straight away go to the meeting place at Mangollai, Mylapore, Chennai, we are of the view that the said apprehension can be answered by modifying the order of the learned single Judge, directing the writ petitioners/respondents herein to hold procession between 10.00 a.m. and 1.30 p.m. on 14.4.2013 from Rajarathinam Stadium to Langs Garden Road and to conduct public meeting at Mangollai, Mylapore, Chennai-4 from 6.00 to 10.00 p.m. The change of timing will avoid the persons participating in the procession going to the place of meeting straight away as there will be a brake of 4.30 hours. The police are directed to regulate traffic and permit the writ petitioners to conduct procession and meeting as aforesaid. The conditions imposed by the learned single Judge in his order dated 12.4.2013 is to be scrupulously followed by the writ petitioners/respondents herein and organisers and leader of the party, who assured to control the entire cadre. It is needless to reiterate that while conducting procession during the above said time and conduct of meeting, the organisers should see that no untoward incident is allowed to happen and if any violation of the undertaking given by the organisers or by any other person, the appellants are entitled to deal with them to preserve maintenance of peace and tranquility and it is open to them to initiate appropriate action against the violators, in accordance with law.".
5. On the other hand, Mr.P.Sanjai Gandhi, learned Additional Government Pleader, while strongly objecting to the relief sought for by the petitioner in the writ petition, vehemently contended that if the petitioner's Sangam is granted permission to conduct conference and dance programme, the cadres of petitioner Sangam will definitely indulge in such activities prejudicial to the interest of the public peace and tranquillity, since particular community people from various towns and districts gather together. He has further contended that depiction and posture of Kaalinga Rayen in the conference, according to the respondents will lead to severe law and order problem in that area and therefore, learned Additional Government Pleader prays for dismissal of the writ petition in limine.
6. In reply to the above submission of the learned Additional Government Pleader, learned counsel for the petitioner has submitted that the cadres / members of petitioner Sangam will not depict and pose the still of Kaalinga Rayen in the conference.
7. Learned Additional Government Pleader, in order to substantiate his stand, has relied on the following judgments: i) a decision of the Hon'ble Supreme Court reported in (2004) 4 SCC684in the case of State of Karnataka and another vs. Dr.Praveen Bhai Thogadia; ".8. The High Court in our view should not have glossed over these basic requirements, by saying that the people of the locality where the meeting was to be organised were sensible and not fickle minded to be swayed by the presence of any person in their amidst or by his speeches. Such presumptive and wishful approaches at times may do greater damage than any real benefit to individual rights as also the need to protect and preserve law and order. The Court was not acting as an appellate authority over the decision of the official concerned. Unless the order passed is patently illegal and without jurisdiction or with ulterior motives and on extraneous considerations of political victimisation of those in power, normally interference should be the exception and not the rule. The Court cannot in such matters substitute its view for that of the competent authority.
9. Our country is the world's most heterogeneous society, with rich heritage and our Constitution is committed to high ideas of socialism, secularism and the integrity of the nation. As is well known, several races have converged in this sub-continent and they carried with them their own cultures, languages, religions and customs affording positive recognition to the noble and ideal way of life - 'Unity in Diversity'. Though these diversities created problems, in early days, they were mostly solved on the basis of human approaches and harmonious reconciliation of differences, usefully and peacefully. That is how secularism has come to be treated as a part of fundamental law, and an unalignable segment of the basic structure of the country's political system. As noted in S.R. Bommai v. Union of India etc. (1994 (3) SCC1 freedom of religion is granted to all persons of India. Therefore, from the point of view of the State, religion, faith or belief of a particular person has no place and given no scope for imposition on individual citizen. Unfortunately, of late vested interests fanning religious fundamentalism of all kinds vying with each other are attempting to subject the constitutional machinaries of the State to great stress and strain with certain quaint ideas of religious priorities, to promote their own selfish ends, undettered and unmindful of the disharmony it may ultimately bring about and even undermine national integration achieved with much difficulties and laudable determination of those strong spirited savants of yester years. Religion cannot be mixed with secular activities of the State and fundamentalism of any kind cannot be permitted to masquerade as political philosophies to the detriment of the larger interest of society and basic requirement of a welfare State. Religion sans spiritual values may even be perilous and bring about chaos and anarchy all around. It is, therefore, imperative that if any individual or group of persons, by their action or caustic and inflammatory speech are bent upon sowing seed of mutual hatred, and their proposed activities are likely to create disharmony and disturb equilibrium, sacrificing public peace and tranquility, strong action, and more so preventive actions are essentially and vitally needed to be taken. Any speech or action which would result in ostracization of communal harmony would destroy all those high values which the Constitution aims at. Welfare of the people is the ultimate goal of all laws, and State action and above all the Constitution. They have one common object, that is to promote well being and larger interest of the society as a whole and not of any individual or particular groups carrying any brand names. It is inconceivable that there can be social well being without communal harmony, love for each other and hatred for none. The chore of religion based upon spiritual values, which the Vedas, Upanishad and Puranas were said to reveal to mankind seem to be -".Love others, serve others, help ever, hurt never". and ".Sarvae Jana Sukhino Bhavantoo".. Oneupship in the name of religion, whichever it be or at whomsoever's instance it be, would render constitutional designs countermanded and chaos, claiming its heavy toll on society and humanity as a whole, may be the inevitable evil consequences, whereof.". ii) a decision of the Hon'ble Division Bench of this Court reported in AIR2005Madras 1 in the case of Rama Muthuramalingam Vs. Deputy Superintendent of Police, Mannargudi and another; ".11. Maintenance of law and order is ordinarily an executive function and it is ordinarily not proper for the judiciary to interfere in this matter. The administrative authorities have expertise in law and order problems through their long experience and training, and the Courts should not ordinarily interfere in such type of matters. The judiciary must therefore exercise self-restraint and not try to interfere with the functions of the executive or the legislature. By exercising self-restraint it only enhances its prestige. This Court should not ordinarily interfere in administrative matters, since the administrative authorities are specialists in matters relating to the administration. The court does not have the expertise in such matters, and ordinarily should leave such matters to the discretion of the administrative authorities. It is only in rare and exceptional cases, where the Wednesbury principle applies, that the Court should interfere, vide Tata Cellular vs. Union of India, (1994) 6 SCC651 Om Kumar vs. Union of India, 2001 (2) SCC386 etc., 30. Thus, both the rights of freedom of speech and expression and the right to assemble peaceably are subject to reasonable restrictions from the point of view of public order, security of State, etc., and they are not absolute rights.
36. It is thus evident that public order is a matter within the domain of the State Legislature and the State Executive. That being so, it is not proper for the Judiciary to interfere in matters relating to public order, unless there is violation of some constitutional or statutory provision. There are various considerations for the administration in this matter and the Court should not ordinarily interfere with administrative decisions in this connection. It must be remembered that certain matters are by their very nature such as had better be left to the experts in the field instead of the courts themselves seeking to substitute their own views and perceptions as to what is the best way to deal with the situation. In the present case, this Court should not interfere in a matter which relates to the administration, which is in the best position to know about the public order. What public order problem would arise if speeches are permitted or prohibited in connection with the arrest of Sankarachariyar and other incidental matters?. How should the problem be tackled?. It is the administration that best knows these problems and their solution. This Court should therefore exercise self-restraint and should n ot embarrass the administrative authorities in this connection.
38. Under our Constitution the Judiciary, the Legislature and the Executive have their own broad spheres of operation. It is important that these organs do not encroach on each others proper spheres and confine themselves to their own, otherwise there will always be danger of a reaction. Of the three organs of the State, it is only the judiciary which has the right to determine the limits of jurisdiction of all these three organs. This great power must therefore be exercised by the judiciary with the utmost humility and self restraint.
39. The judiciary must therefore exercise self-restraint and eschew the temptation to act as a super legislature or a Court of Appeal sitting over the decisions of the administrative authorities. By exercising self-restraint it will enhance its own respect and prestige. Of course, if a decision clearly violates some provision of the law or Constitution or is shockingly arbitrary in the Wednesbury sense, it can be struck down, but otherwise it is not for this Court to sit in appeal over the wisdom of the legislature or the executive.". iii) another decision of this Court in W.P.(MD) Nos.9069, 9362 and 10223 of 2005 dated 22.12.2005 in the case of Dr.K.Krishnasamy and another vs. The Superintendent of Police, Virudhunagar District and others; ".24. Coming to the facts of this case, the incidents of communal clashes in all the three places namely Rajapalayam, Sankarankoil and Paramakudi have been elaborately given by the respective respondents in the counter affidavits and the same have been extracted in paragraphs 7 to 9 of this order. In addition to the above, the learned Additional Advocate General has produced the details as to the communal clash cases pending in Rajapalayam sub-division amounting to 199 from the year 1990. He has also produced the communal clash cases in Sankarankoil Sub-Division amounting to 21 from the year 1991. Similarly for Paramakudi Sub-Division, the particulars as to the communal clash cases show 68 from the year 1996. In the impugned orders, the respective respondents have relied upon the past incidents and have rejected the requests for permission to hold the meeting on the ground that the areas are sensitive and prone to communal clashes. In my opinion, the grounds on which the impugned orders were passed cannot be either termed as arbitrary, unreasonable or made with pre-judged mind on extraneous consideration. Instances are not rare that whenever the procession is taken or the meeting is organised in a sensitive area and prone to communal clashes, the ultimate sufferers are the innocent people resulting in the loss of not only their valuable lives and properties but also the damage caused to the public properties. While judging the administrative orders, the Court must not fail to keep the above in mind, as otherwise such instances will result in the interference of the right to life and liberty enshrined under Article 21 of the Constitution at the guise of freedom of expression. No political party or organisation can claim that it is entitled to disturb the public order. The curtailment of the conduct of public meeting cannot in any way be construed or questioned on the ground of violation of the right to speech and expression under Article 19(1)(a) of the Constitution. The learned Senior Counsel relied upon the judgment of a learned single Judge in P. Nedumaran's case, 1999 (1) L.W. (Crl.) 73 in support of his submission. Even in that case, the learned Judge has only held that the police should exercise the power strictly within the ambit of the provisions of the Constitution, more particularly, the requirement that any restriction placed on the exercise of fundamental rights should be a reasonable restriction, and the restriction so placed should be shown to be essential. As I have held, on the facts of this case, that the reasons for rejecting the requests of the petitioners had proximity to the disturbance of public order, I do not think that the above finding of the learned Judge is in any way different from one expressed by the Apex Court. Similarly the judgments relied upon by the learned Senior Counsel in Arcot TV. Veerasamy's case 2004 W.L.R. 154 and Adhirai MM. Ibrahim case, relating to the right guaranteed under Article19(1)(a) read with Article 21 of the Constitution are of no help to the petitioners on the facts and circumstances of the case.
25. The reasons adduced in the impugned orders are not based on mere apprehension. The expression 'public order' in the impugned order has a proximate and direct connection with the restriction and the restriction is supported by materials. When the authority entrusted with the duty of maintaining law and order, it can certainly take note of the circumstances that prevail in the area when the request for conduct of public meeting is considered. In the event such authority is of the view that if permission is granted there is every possibility of breach of public order resulting in the loss of valuable human lives, it can certainly reject the request. In fact, in the counter affidavit in W.P.(MD) No.10223 of 2005, the second respondent has specifically stated that from the year 1999 no conferences were allowed to be held in Paramakudi Sub-Division apprehending communal clashes. While that being the situation, grant of permission to a group of people or association or even a political party for that matter, to conduct public meeting, though for good reasons, must strictly be avoided.
26. It was lastly contended by the learned Senior Counsel for the petitioners that the application of Section 30(2) of the Police Act, 1861 is bad inasmuch as the respondents could have invoked only Section 41 of the Madras City Police Act, 1888. Section 41 empowers the Commissioner of Police or, subject to his orders, any Police Officer above the rank of Head Constable, the power to regulate assemblies, meetings and processions in public places, etc. The provisions of the said Act are extended to the City of Madras as defined under Section 3. Those provisions were made applicable to the cities of Madurai and Coimbatore by the Tamil Nadu Act 32 of 1987 and so far as the other places, the Police Act, 1861 is alone applicable. For the purpose of regulating public assemblies and processions and licensing of the same in the places in question, the provisions of Section 30 of the Police Act, 1861 are applicable and the said Section reads as under: (1) The District Superintendent or Assistant District Superintendent of Police may, as occasion requires, direct the conduct of all assemblies and processions on the public roads or in the public streets or thoroughfares, and prescribe the routes by which, and the time at which, such processions may pass. (2) He may also, on being satisfied that it is intended by any person or class of persons to convene or collect an assembly in any such road, street or thoroughfare, or to form a procession which would, in the judgment of the Magistrate of the district, or of the sub-division of a district, if uncontrolled, be likely to cause a breach of the peace, require by general or special notice that the persons convening or collecting such assembly or directing or promoting such procession shall apply for a licence. (3) On such application being made, he may issue a licence specifying the names of the licensees and defining the conditions on which alone such assembly or such procession is to be permitted to take place and otherwise giving effect to this section: Provided that no fee shall be charged on the application for, or grant of, any such licence. (4) He may also regulate the extent to which music may be used in the streets on the occasion of festivals and ceremonies.
27. A plain reading of the said Section does not contemplate any opportunity to be given to a person before the request is rejected. The licensing authority on being satisfied that any public assembly or procession, if allowed, be likely to cause a breach of the peace, may reject the same. Only in the event if the authority invokes the power under Section 41 of the Madras City Police Act, an opportunity is contemplated. As the power to pass the impugned orders is traceable to Section 30(2) of the Police Act 1861, the grievance of the petitioners that they were not given opportunity before the requests were rejected cannot be accepted.". iv) yet another decision of this Court in W.P.No.1017 of 2010 dated 12.05.2010, in the case of M.Balaguru vs. The Commissioner of Police, Egmore and others; ".12. Section 41 of the Chennai City Police Act, 1888 clearly empowers the police authority to regulate assemblies, meetings and processions in public places. When the police receive Intelligence report with regard to the disturbance of law and order problem, to prevent the same, it is their duty to prohibit the conduct of the meeting. Power to regulate includes power to cancel the permission already granted for valid reasons. In this case, the second respondent has given valid reasons in the counter affidavit by stating that Intelligence report was received apprehending likelihood of law and order problem and imminent possibility of unrest and disturbance of public order and tranquility. When the police is vested with the said power under Section 41 of the Act, the petitioner cannot contend that the permission already granted ought not to have been cancelled. The ground reality about the likelihood of disturbance of public order and tranquility can be ascertained only by the Officer, who is in charge of the area based on the Intelligence report and this Court in exercise of its powers under Article 226 of the Constitution of India, cannot find out whether there was any sufficient ground to arrive at a decision to cancel the permission already granted. Since no mala fide is alleged against the second respondent and the permission having been granted by the very same second respondent for the subsequent meeting held on 22.3.2010, I am of the view that the cancellation of permission originally granted to conduct the meeting on 5.1.2010 based on the Intelligence report cannot be found fault with.
13. It is well settled in law that law enforcing authorities are the best judge for meeting a situation prevailing in a particular locality based on which appropriate decision is to be taken either to grant permission to conduct meeting in a particular place and at a particular time. The Division Bench of this Court in the decision reported in 2004 WLR865(Rama.Muthuramalingam, State Propaganda Committee Member, Thanthai Periyar Dravidar Kazhagam v. Deputy Superintendent of Police, Mannargudi and Another) considered similar issue and held that the High Court in writ jurisdiction cannot give positive direction to grant permission to conduct public meeting, even though police refuse to grant permission. It is further held therein that if the administrative authorities feel that by granting permission to conduct meeting it may create a law and order or public order problem, then they may prohibit such activities. Applying the principle laid down by the Division Bench to the facts of this case, I am of the view that the second respondent is justified in cancelling the permission granted to conduct meeting on 5.1.2010 and there is no error in the said decision.". v) The Hon'ble Division Bench of this Court in W.A.No.1798 of 2013 dated 31.08.2013 in the case of P.John vs. The Commissioner of Police, Egmore Chennai, passed an interim order as under: ".11. This Court, in a similar situation in the case of Home Secretary, Government of Tamil Nadu, Secretariat, Chennai and others vs. Era Selvam and another reported in 2013 (3) MLJ513 considered the request for holding procession elaborately and on examination of the situation as well as taking note of various decisions of the Supreme Court as well as this Court, held as follows: ".14. Considering the above principles in mind as well as the claim made by the respondents in these writ appeals that they are organising procession and award giving function on the birth anniversary day of Dr.B.R.Ambedkar on 14.4.2013 and to avoid apprehension expressed by the learned Advocate General that the entire persons participating in the procession will straight away go to the meeting place at Mangollai, Mylapore, Chennai, we are of the view that the said apprehension can be answered by modifying the order of the learned single Judge, directing the writ petitioners/respondents herein to hold procession between 10.00 a.m. and 1.30 p.m. on 14.4.2013 from Rajarathinam Stadium to Langs Garden Road and to conduct public meeting at Mangollai, Mylapore, Chennai-4 from 6.00 to 10.00 p.m. The change of timing will avoid the persons participating in the procession going to the place of meeting straight away as there will be a brake of 4.30 hours. The police are directed to regulate traffic and permit the writ petitioners to conduct procession and meeting as aforesaid. The conditions imposed by the learned single Judge in his order dated 12.4.2013 is to be scrupulously followed by the writ petitioners/respondents herein and organisers and leader of the party, who assured to control the entire cadre. It is needless to reiterate that while conducting procession during the above said time and conduct of meeting, the organisers should see that no untoward incident is allowed to happen and if any violation of the undertaking given by the organisers or by any other person, the appellants are entitled to deal with them to preserve maintenance of peace and tranquility and it is open to them to initiate appropriate action against the violators, in accordance with law.".
12. The ratio laid down by the Division Bench is not only on consideration of the circumstances in which the claim was made and also on reasonable restrictions that the Division Bench permitted the petitioner therein to hold a procession with stringent conditions. In view of the above ratio laid down, the following interim directions are issued: (i)the respondent is directed to permit the appellant to hold a procession from Rajarathinam Stadium to Langs Garden Road Junction between 4.00 p.m. to 5.30 p.m. on 01.09.2013. (ii)the appellant shall conduct the procession without affecting law and order and without any disturbance to the public tranquility. (iii)the appellant shall hold the procession in an organised way and with assured control of the entire cadres. (iv)while in the procession, the appellant shall not shout any slogans affecting the religious sentiments of the people and they would do everything in a dignified manner and the organisers of the procession shall not allow any untoward incident to happen. (v)if there is any violation of the undertaking given by the appellant in their letter of undertaking dated 26.08.2013, the respondent is at liberty to initiate action against the person concerned as may be necessary in the circumstances.".
8. I have heard the learned counsel on either side and perused the material documents available on record.
9. Freedom of speech is the bulwark of a democratic Government and is essential for proper functioning of the democratic process. The freedom of speech and expression, enshrined under Article 19 (1) (a) of the Constitution of India, is regarded as the first condition of liberty. It occupies a preferred position in the hierarchy of liberties, giving succour and protection to all other liberties. The Framers of our Constitution, in unambiguous terms, granted the right to freedom of speech and expression under Article 19 (1) (a) and the right to assemble peaceably and without arms under Article 19 (1) (b). This gave to the citizens of this country a very valuable right, which is the essence of any democratic system.
10. Keeping the above guidelines and principles in mind, if we look at the present case, what transpires is that the petitioner's Sangam is a registered Sangam in the State of Tamil Nadu, namely, Kongu Nadu Vettuva Gounder Elaingar Nala Sangam (Tamil Nadu) with its registration number 346 of 2013 and is stated to be functioning in a democratic way. The Sangam has been fighting for bringing Vettuva Gounder Sub Caste, Puluva Gounder in the list of Most Backward Class community right from its inception. In order to celebrate the first anniversary of the Sangam, its members decided to conduct a conference, for which, a representation dated 28.11.2013 was made to the authorities concerned for grant of permission. Once a representation or application is received, it is obligatory and incumbent on the part of the Law Enforcing Authority to take a decision in one way or the other and they have no right to sit over the same for a long time without passing any order on it, thereby curtailing the fundamental rights enshrined under Article 19(1)(a) of the Constitution of India. As per the provisions of Section 41 of the Madras City Police Act, police have power to depute one or more police officers to be present at the meeting and if, at the meeting, such police officers find anything illegal being done, it would be open to them to take action, as may be considered necessary in the circumstances.
11. Admittedly, the request for conducting conference was made on 28.11.2013 and no decision has been taken so far. Therefore, the inaction of the respondents is highly depreciable. At the time of hearing the matter, the respondents apprehended that in the event of granting permission, it will deteriorate the peaceful atmosphere existing in the area. However, it is needless to mention that it is the bounden duty of the respondents to take all precautions to keep the law and order situation of the area intact and regulate things in the manner known to law. Unlike an individual, the State owns a multi-dimensional responsibility. It has to maintain and ensure security of the State as well as the social and public order. It has to give utmost regard to the right to freedom of speech and expression which a citizen or a group of citizens may assert. The State also has a duty to provide security and protection to the persons, who wish to attend such assembly at the invitation of the person, who is exercising his right to freedom of speech or otherwise. All that the State can do, by exercise of its legislative power, is to regulate these rights by imposition of reasonable restrictions on them.
12. In the light of the above, the request made by the petitioner to conduct conference alone has to be accepted and the permission to be granted. The modified date suggested by the petitioner to conduct the same is 02.02.2014. Accordingly, the respondents are directed to accord permission to the petitioner for conducting conference on 02.02.2014 and in this regard, following directions are issued:
1. the petitioner shall conduct the conference on 02.02.20114 at Veppadai, Tiruchengode Taluk, Namakkal District and is permitted to give publicity to the meeting by taking people in two vehicles. The date on which the publicity is intended and the route etc., should be given to the respective Commissioner / Superintendent of Police; 2.Mikes with several loud speakers should not be used in the conference as that would cause disturbance to the students and also, patients taking treatment at the nearby hospitals; 3.the General Secretary of petitioner Sangam is directed to advise his group not to deliver any provocative speeches so as to create law and order problem in the area and not to incite violence directly or indirectly on account of the said conference; 4.During the conference, the cadres / members of petitioner Sangam shall not shout any slogans affecting the religious sentiments of the people and they would do everything in a dignified manner and the organisers of the conference shall not allow any untoward incident to happen; 5.the General Secretary of petitioner Sangam is also directed to advise his group not to depict and pose the picture of Kaalinga Rayen in the conference; and 6.if there is any violation or deviation from the above directions issued by this Court, the respondents / law enforcing authorities are at liberty to initiate action against persons concerned as may be necessary in the circumstances. V. DHANAPALAN,J., ar 13. With the above observations and directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 24.01.2014 Index: Yes Internet: Yes ar Note: Issue order copy on 29.01.2014 (today). To 1. The Inspector General of Police West Zone, Coimbatore.
2. The District Collector, Namakkal District.
3. The Superintendent of Police, Namakkal District, Namakkal.
4. The Superintendent of Police, Erode District, Erode.
5. The Inspector of Police Pallipalayam Police Station, Pallipalayam, Namakkal District. W.P.No.35253 of 2013