K. Prakash vs Inspector Of Police

P.D.Audikesavalu, J

The Writ Petition has been filed to direct the Respondent, viz., the Inspector of Police, D4, R.K. Police Station, Tiruvallur District, to grant permission to the Petitioner based on his representation dated 17.06.2019 for conducting cultural programmes during Shri Ellaimamman Theemethi Thiruvizha proposed to be conducted on 07.07.2019 in his village.

This Court by order dated 26.06.2019 had required the Superintendent of Police of Tiruvallur District to examine the representation dated 17.06.2019 made by the Petitioner, in consultation with the local Police Officer and submit a report. In furtherance to the aforesaid order, the Superintendent of Police, Tiruvallur District has filed a status report dated 02.07.2019 stating that the village in which cultural programme is proposed to be conducted is wholly inhabited by the members of a particular community and that there is sufficient intelligence input that the villagers from the neighbouring villages belonging to other communities will participate in that programme and there are chances of the people creating problems by demanding performance of vulgar dances for vulgar songs, which may result in disruption of law and order and that the possibility of breach of peace cannot be ruled out.

At this stage, Learned Counsel for the Petitioner submits that in Writ Petitions filed by similarly placed persons for conduct of cultural programmes in other villages, this Court has granted permission subject to the conditions imposed by the Director General of Police in circular R.C. No. 159539/Crime.4(3)/2018 dated 31.10.2018, which has been approved by this Court in the order dated 02.11.2018 in W.P. No. 28845 of 2018. It is submitted by the Learned Counsel for the Petitioner that the Petitioner and other organizers of the programme are willing to execute affidavit of undertaking by 03.07.2019 before the Superintendent of Police of Tiruvallur District agreeing to abide the following conditions:-

i) The cultural programme shall be conducted on the specified date in the place approved by the Police Authorities during the time allocated for the same.

(ii) There will not be any kind of obscene dance or vulgar songs or dialogues during the performance, by anyone of the participants.

(iii) Double meaning songs will not be played.

(iv) No dance or songs, touching upon any political party or religion or community or caste will be played.

(v) No flex boards in support of any political party or communal leader or otherwise, will be erected at the premises of the programme.

(vi) The function will not affect either religious or communal harmony and will be conducted without any discrimination based on caste.

(vii) If there is violation of any one of the conditions imposed, the concerned police officer shall be at liberty to take necessary action, as per law and stop such performance forthwith; and

(viii) The police authorities may stop the programme, if it is conducted beyond the permitted time limit.

(ix) The territorial/jurisdictional Police Officer shall videograph the entire cultural programme at the cost of the petitioner and he shall take immediate legal action in accordance with law, if he finds any violation upon perusal of the said video C.D.

(x) The Petitioner shall pay the required amount in advance to the concerned authority upon proper receipt for the purpose of taking videograph of the programme.

Having due regard to the aforesaid submission made, if such affidavit of undertaking is filed by the Petitioner and other organizers by 03.07.2019, the Superintendent of Police of Tiruvallur District shall consider the same after subjective satisfaction based on concrete evidence, and pass orders on the application made by the Petitioner for such permission in accordance with law and communicate the decision to the Petitioner immediately. Such exercise shall be completed by 05.07.2019. Accordingly, the Writ Petition is disposed on the aforesaid terms. No costs.