JUDGMENT

V. Ramasubramanian, J.

1. Delay condoned in Special leave Petition (Civil) @ D.No.10656 of 2023.

2. While the first special leave petition arises out of an order passed by the Division Bench of the Madras High Court in an intra-court appeal challenging an order passed by the learned Judge in a contempt petition, the other special leave petitions arise out of the order passed substantially in a writ petition and in a review petition.

3. We have heard Shri Mukul Rohatgi, learned senior counsel appearing for the petitioners in all the special leave petitions and Shri Mahesh Jethmalani, Shri Guru Krishna Kumar, Dr. Menaka Guruswamy, learned senior counsel appearing for the respondent.

4. The brief facts sufficient for the disposal of all these special leave petitions are as follows:-

(i) A batch of 49 writ petitions were filed by the office bearers of the Rashtriya Swayam Sevak Sangh (RSS), on the file of the High Court of Judicature at Madras seeking a direction to the State, the Director General of Police, the Superintendents of Police of various districts and the Inspectors of Police of certain police stations to permit the members of the Organisation to conduct a procession (Route March) through identified places. The contention of the writ petitioners was that they wanted to hold the procession on 02.10.2022, but that their applications for permission to hold the Route March were not considered by the appropriate authorities;

(ii) The batch of writ petitions were disposed of by a learned Judge of the Madras High Court, by an order dated 22.09.2022, with certain directions;

(iii) The State filed a batch of applications for review. At about the same time, one of the representations seeking permission to hold the march in Chennai was rejected by the local Inspector of Police, by an order dated 27.09.2022;

(iv) The order of rejection led to a legal notice dated 28.09.2022 followed by a Contempt Petition, against, (i) The Secretary to Government, Home Department; (ii) The Director General of Police; (iii) The Superintendent of Police; and (iv) The Inspector of Police;

(v) When the contempt petition came up for hearing on 30.09.2022, the date on which the organisers wanted to conduct the Route March was only 48 hours away. Therefore, the learned Judge before whom the contempt petition came up, passed an order on 30.09.2022 to the following effect:-

“5. Hence, the respondents justified the reasons for rejecting the request made by the petitioners. Therefore, it is not possible for the respondents to grant permission for the procession to be held on 02.10.2022. However, this Court suggested for any other date except Gandhi Jayanthi i.e. 02.10.2022 to conduct procession and to conduct public meeting.

6. The learned Senior Counsels appearing for the petitioners suggested four dates i.e. 09.10.2022, 16.10.2022, 06.11.2022 and 13.11.2022 and the learned Senior Counsel appearing for the first respondent submitted that except Gandhi Jayanthi on 02.10.2022, they will consider the same representations of the respective petitioners seeking permission to conduct procession and to conduct public meetings on any other date.

7. Considering the above submissions made on either side, this Court fix the date to conduct procession and to conduct public meetings on 06.11.2022. Till then, the petitioners are directed not to precipitate the issue. However, it is for the State to maintain law and order problem. It is made clear that the respondents shall permit the petitioners on their earlier representations to conduct procession and to conduct public meetings on 06.11.2022.

8. Registry is directed to list the matter along with all the connected contempt petitions numbered subsequently on 31.10.2022”

(vi) Pursuant to the aforesaid order dated 30.09.2022, the Director General of Police issued a memorandum dated 29.10.2022 instructing Commissioners/ Superintendents of Police of the Districts to pass necessary orders on the representations of the organisers;

(v