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Judgment
A.D.Jagadish Chandira, J
This writ petition has been filed to quash the proceedings in Na.Ka.No.186/DyS.P.Camp, Sivakasi/2019 dated 25.11.2019 issued by the second respondent and consequently direct the respondents to grant necessary permission and Police assistance to conduct the "Dr.Ambedkar Saheb" remembrance day 06.12.2019 more fully by taking Lights Procession from 09.00 a.m to 12.00 noons from Sivakasi Kamarajar Colony to Sivakasi Ambedkar Statue on the basis of petitioner's representation dated 19.11.2019.
Heard the learned Counsel appearing for the petitioner and the learned Government Advocate(Crl.side) appearing for the respondents.
3.The respondents have filed a detailed counter in which it has been contended that the District Collector, Virudhunagar had conducted law and order review meeting on 02.12.2019 and he has prohibited procession conducted by the communal groups and he vide his proceedings in Na.Ka.No.2/29/2019 had passed an order to the respondent not to grant permission for any procession. The respondent police apprehending that the said procession will cause disturbance to public peace, had thereby, rejected the prayer of the petitioner.
4.The learned Government Advocate (criminal side) appearing for the respondent police would submit that Sivakasi is a communally sensitive town and further, the District Collector had also prohibited procession conducted by communal group by its proceedings dated 02.12.2019. She further submitted that the date on which the petitioner have sought permission to conduct the procession on 06.12.2019 which is a sensitive day and thereby respondents have rejected the petition apprehending disturbance.
5.At this juncture, the learned counsel appearing for the petitioner would submit that the permission was granted to other groups for garlanding their leaders and that the petitioners are prepared to abide by any condition that may be imposed by the respondent so as to conduct the procession in the manner without affecting the law and order or breach of Public peace and they are also ready to change the date to some other date in view of the apprehension of the respondents. He would further submit that the petitioners are prepared to conduct the procession on 08.12.2019 which falls on Sunday and thereby no disturbance would be caused either to the public at large or to the school and college going students and they are ready to conduct the procession in the route fixed by the respondents in between 07.00 a.m to 09.30 a.m and that they are also ready to give necessary undertaking to the respondent police for up-keeping the maintenance of public peace and law and order.
6.The learned Government Advocate (Crl.side) in such event would submit that the Deputy General of Police, Tamilnadu had issued the circular/memorandum in R.C.007301/Genl I(1)/2019, dated 09.04.2019, which contains conditions for procession and also other events and would submit that if the petitioner approaches the respondent Police with a fresh application and undertaking to abide by the conditions enumerated in the memorandum, dated 09.04.2019, it will be suitably considered.
7.Taking into consideration of the submissions of the learned counsel on either side, the impugned order, dated 25.11.2019 is quashed. The petitioner shall approach the respondent police with necessary application and undertaking that the procession shall be conducted on 08.12.2019 between 07.00 a.m to 09.30 a.m in Sivakasi sub-division from Kalmandabam to Thiruthangal junction where the statue of Dr.Baba Saheb Ambedkar is located. He would also give an undertaking that they will restrict the route as per the direction and routing given by the respondent police and that the petitioner and the organizers would undertake that they will not raise any slogan or make speeches hailing their community or against any other community. On receipt of such petition along with necessary undertakings, the respondents shall permit the petitioner to conduct procession, by imposing the following conditions:
1)The procession shall be permitted to hold between 08.00 a.m., to 09.30 a.m., at the prescribed route.
2.The proposed procession shall not be conducted beyond the prescribed route.
3.In the procession, there should not be any indictment to any expressions against any political party/leader, any religious or caste, community leaders, groups or individuals either by words or deeds, which would affect their sentiments; no pamphlet, booklet shall be distributed without the prior permission of the SHO.
4.The people who come to participate in the procession should come quietly without causing any disturbance or hindrance to the public at large.
5.The people who come to participate in the procession should not come in a open van or sitting on top of the buses, van, which would certainly cause law and order problem.
6.There should not be bursting of any crackers.
7.Organizers shall not erect any digital banners/placards on either side of the arterial roads, platforms, walkways/major roads and any other roads.
8.The speakers of the procession shall address only on the general issues and shall not speak on any other topics, which would affect the sentiments of other religious or political or caste communal parties/leaders.
9.After the proposed procession, the participants shall quietly disperse without causing any disturbance to people in and around and to the general public.
10.The participants should cooperate and abide by all the conditions and their vehicles should be in the marked parking place and the vehicles should not be brought to the place of procession.
11.Strict discipline should be maintained and all the participants should co-operate with the police for the peaceful conduct of the procession.
12.No speeches or announcements shall be made en route the procession.
13.The participants of the procession shall ensure safety and security of public property and shall adhere to the suitable time. They cannot extended the event beyond the stipulated time.
14.The organizer shall have to give an undertaking that if any untoward incident occurs, he will be held responsible for the same.
15.They should not carry placards, pictures, symbols, visible representations or any other object or things, which may offend against decency or morality or promote on the ground of religion, race, place of birth, caste or community.
16.The processionists should not hold or conduct any drill, training or assemble with shields/lathis/arms or in uniform resembling that of Armed Forces or the uniform of Police, whether in a public or private place or carrying of lathis/arms in procession.
17.The processionists should not carry the musical instruments such as drums etc., for the purpose of doing any drill.
18.Organizers shall have to obtain all other required permissions from the authorities concerned.
19.Impose any other conditions as deem it fit and necessary according to the ground reality.
20.It is made clear if any untoward incident or any issue with regard law and order problem is created or the conditions violated, either by the participants or by the speakers in the procession, necessary action shall be taken in accordance with law.
8.The petitioner is also directed to ensure that the conditions are strictly complied with and also to ensure that no law and order problem is created in the course of conducting the procession.
9.The writ petition stands disposed of with the above directions.