P. Nedumaran vs State of Tamil Nadu

P.D. Dinakaran, J.—The Petitioner, viz., President of Tamizhar Desiya Iyakkam seeks a writ of Mandamus to forbear the Respondents

from in any manner interfering with the van propaganda carried out by the petitioner Iyakkam by using loud-speakers in the campaign against the

award of death penalty during the period commencing from 22.6.1999 to 7.7.1999 in all places all over the State of Tamil Nadu as mentioned in

the annexure to his application dated 15.6.1999.

Mr. K. Chandru, learned senior counsel appearing for the Petitioner contends that the Petitioner Iyakkam have got every right to freedom of

speech and expression, right to assemble peacefully and without arms and right to move freely, to campaign against the award of death penalty by

van propaganda, from one place to another, all over the state of Tamil Nadu. It is stated that even though the commissioner of Police, Madurai

City, originally, by his proceedings dated 15.6.1999, permitted the Petitioner Iyakkam to conduct a public meeting on 26.6.1999 between 1900 &

2200 hours at West Masi Street Junction Madurai, subject to the conditions stated therein, the said permission was subsequently cancelled by a

proceedings dated 23.6.1995, on the ground that if the meeting was allowed, there was a likelihood of some untoward incident affecting the

preservation of public peace and safety, which may affect the maintenance of law and order.

Mr. K. Chandru, learned senior counsel also brought to my notice that the Petitioner Iyakkam started from Madras to Vellore through Wallajah,

but the local police at Wallajah refused to permit the Petitioner to conduct public meeting and thereafter, local police at Vellore, had even arrested

the workers of Petitioner Iyakkam, who were engaged in putting up shamiyanas for the public meeting. However, it is stated that the Petitioner-

Iyakkam had permission to conduct public meeting at Coimbatore. Since the Petitioner Iyakkam proposed to conduct a van propaganda and

public meeting in all places all over the State of Tamil Nadu, the Petitioner seeks a writ of Mandamus as prayed for, placing reliance on the earlier

proceedings of the Director General of Police dated 26.10.1995, wherein the Petitioner Iyakkam was permitted to use the loudspeaker in the van

and to propagate from Kanyakumari to Chennai for ""Tamizh Mun Meetpu Pracharam

Mr. T.R. Rajagopalan, learned Addl. Advocate General appearing for the Respondents, per contra, states that the Petitioner is not entitled to

seek a general direction as prayed for. At the same time, the learned Addl. Advocate General, does not dispute the rights of the Petitioner to

freedom of speech and expression, freedom to assemble peacefully and without arms and freedom to move freely, but subject to the maintenance

of public peace and law and order in the State. In this regard, Learned Addl. Advocate general brought to my notice certain conditions that could

be incorporated while considering the relief as prayed for by the Petitioner, which according to him, are necessary to maintain public peace and

law and order, throughout the state.

I have given careful consideration to the submissions of both sides.

As the Petitioner''s right to freedom of speech and expression, freedom to assemble peacefully and without arms and freedom to move freely to

campaign against the award of death penalty as quoted under Article 19(1)(a), (b), and (d) of the Constitution of India, is not seriously disputed, I

find reasons in imposing conditions while considering the relief sought for by the Petitioner, in their own interest as well as in the interest of general

public.

Accordingly, the Respondents are directed to consider the request of the Petitioner to permit them to conduct public meetings using

loudspeakers and the campaign against the award of death penalty, during their proposed van propaganda programme, on the following conditions:

(1) Sound amplifier should not be used in the procession.

(2) The processionists should keep to the extreme left side of the road allowing two way traffic for vehicles to pass by.

(3) They should go on one end of the road near the platform in two''s so that traffic freely moves on both sides.

(4) They should not block the road.

(5) When halted at road intersections by the police for allowing free flow of traffic, they should follow the directions of the police.

(6) They should not hinder the free"" flow of traffic at cross roads and halt till the cross traffic gets through.

(7) Lighted torches should not be carried in the processions.

(8) Motor vehicles/Non Motor vehicles should not be taken out in the procession unless otherwise specifically permitted.

(9) Offensive and provocative slogans should not be raised.

(10) There should not be any deviation from the permitted route of the procession.

(11) Effigy should not be burnt.

(12) The participants should not indulge in the activities like announcement through ''Tom Tom"" and playing musical instrument etc.

(13) The permit licence should be carried by a responsible person accompanying the procession and should be shown on demand by any police

officer on the rank of Head Constable and above.

(14) If public meeting is to be held, only with prior permission from the local police officer who is having jurisdiction and power to regulate

procession, public meeting, etc.

(15) If public meeting is held on prior permission, sound amplifier licence should be obtained from the local police concerned and all the conditions

stipulated therein should be observed.

(16) The participants of procession/ demonstration shall not be allowed to occupy the entire breadth of the road so as to obstruct the passing and

re-passing of pedestrians or vehicles through the road.

(17) The participants of procession/ demonstration shall not be allowed to carry any weapon or instruments sharp, blunt or otherwise or long stick

that could be used as dangerous weapons.

(18) The processionists shall not be allowed to carry length banners so as to occupy the entire breadth of the road.

(19) The processionists shall not carry sticks, weapons, bulbs, bottles, missiles not even bags or any other items of article which may be used as

arsenal or weapon.

(20) The processionists should not be allowed to enter any shop or residence or a Hotel or any other Private place throughout the route.

(21) If any participant in the demonstration/procession indulges in disorderly conduct he shall be dealt with according to law.

(22) They should not carry any sticks under the pretext of carrying flags. If however, banner/placards are carried the same should be fixed to thin

bamboo poles of the 1/2"" in diameter. The bamboo pole should not have any metal rings. Metal rods should not be used as flagpoles.

(23) Any wrongful act or omission upon or near public street by any of the participants in the demonstration/procession whereby the public are

prevented from freely, safely and conveniently passing along such public road shall be dealt with according to law.

(24) The processionists should not cause damage to any public property or private property on the route and if the police detect such damages to

the public property or private property en route the procession, the guilty person will be arrested on the spot and in case of any violation, the

police will enforce law as the situation warrants to curtail the activities of the processionists.

(25) For damage if any during the procession, the concerned person who committed the damage will be proceeded with or in the alternative the

organiser will be proceeded with and the damages will be recovered from him.

(26) If for any reason and or receiving further authenticated and reliable information that the procession may not be peaceful and it is likely to turn

violent, the permission already granted will be cancelled and consequential action will be taken .

(27) The processionists shall follow the route strictly and after presentation of the representation to the concerned authorities shall disperse and

also shall not on their way back to their place cause any disturbance to any public en route or any other private individual.

(28) All the conditions/restrictions and regulations prescribed by the senior police officer present should be observed.

The Petitioner is therefore at liberty to submit a revised schedule of the programme, to campaign against the award of death penalty, to the

second Respondent mentioning their route for van propaganda, their schedule of public meetings with reference to date, time, place and avenue

with an undertaking to abide the above conditions. The Petitioner shall also give an identical copy of the revised schedule of their programme to

campaign against the award of death penalty to all concerned local police officers. On receipt of such representation, the second Respondent as

well as the concerned local police officers shall pass appropriate orders, giving permission to the Petitioner Iyakkam to conduct public meeting and

for using loud speaker, within one week from the date of receipt of such request and revised schedule mentioned above. Writ petition is ordered

accordingly. WMP Nos. 15352 & 15353 of 1999 are dismissed. No costs.