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V.Kovai Sivabalan vs The Joint Commissioner Of Police

Madras High Court|24 November, 2017

JUDGMENT / ORDER

The present writ petition has been filed since the first respondent had rejected the petitioner's request for conducting a meeting on 27.11.2017 to celebrate the Martyrs Day.
2. Today, when the matter was called, the learned Special Government Pleader has produced a copy of the order of rejection, on the ground that the place for which the petitioner seeks permission is a congested place and there could be law and order problem.
3. It is needless to point out that whenever the permission has been sought for and the respondents apprehend that there could be a law and order problem, it is the duty of the respondents to prevent such a situation rather than rejecting the petitioner's request, since the right of the petitioner to conduct such a meeting is a fundamental right. No doubt, it is always open to the police to regulate such a meeting by imposing reasonable restrictions.
4. At this juncture, the learned counsel for the petitioner submits that if the permission is granted at Sangam street, Sundarapuram, Coimbatore, they would be satisfied. The learned Special Government Pleader also on instruction from the Inspector of Police, who is present before this Court, submitted that such place can be considered.
5. In the result, the writ petition stands allowed. The first respondent is directed to grant permission to the petitioner to celebrate Martyr's Day at Sangam street, Sundarapuram, Coimbatore on 27.11.2017 from 5.30 p.m., to 6.30 p.m. It is open to the first respondent to impose reasonable restrictions while granting such permission. No costs.
24.11.2017 dh/dpq Index:Yes/No Internet: Yes/No Note : Issue order copy on 24.11.2017 M.S.RAMESH.J., dh/dpq To
1. The Joint Commissioner of Police, (Law and Order), Coimbatore City, Coimbatore.
2. The Inspector of Police, Podanur Police Station, Podanur, Coimbatore.
3. The Public Prosecutor, High Court, Madras.
W.P.No.30585 of 2017 24.11.2017
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Title

V.Kovai Sivabalan vs The Joint Commissioner Of Police

Court

Madras High Court

JudgmentDate
24 November, 2017