High Court Of Madras
K.N.Basha, M.Venugopal J.
Thol.Thiruma Valavan - Appellant
Versus
State Of Tamilnadu Represented By Its Secretary, Home Department, St.George Fort, Chennai – Respondent
W.P(MD).No.24596 of 2011 and M.P(MD)Nos.1 and 2 of 2011, W.P(MD).No.11717 of 2011 and M.P(MD)No.1 of 2011
Decided On : Dec 23,2011
K.N.BASHA, J.
( 1. ) ALL the above writ petitions except W.P(MD).No.21974/2011 arising out of an incident taken place on 11.09.2011 at Paramakudi Town resulting in the death of 6 persons and injuries to several persons including police officials and as such, all the writ petitions are taken up together for hearing and passing this common order. W.P(MD).No.21974/2011 is arising out of an incident said to have taken place on 10.09.2011 resulting in the death of one Palanikumar at 00.45 hours at Mandalamanickam Police Station limits and the writ petitioner sought for the relief of Mandamus directing the respondents 1 to 3 to suspend the respondents 4 to 11, who are the District Collector and the police officials.
( 2. ) THE entire sequence of events resulting in the opening of fire by police officials causing the death of 6 persons and injuries to several persons including police officials took place on the day of paying homage to the memorial of Martyr Immanuel Sekaran, who has fought for the oppressed sections of the community and called as a social revolutionist. He was done to death on the fateful date i.e., on 11.09.1957 while he was returning after giving a speech in the patriotic poet Bharathi's festival. THE Government of India also conferred him the title as 'Socialist Revolutionary for Social Justice' and a postage stamp was also released by the Government of India for the memory of Immanuel Sekaran.
( 3. ) POET Bharathiyar, popularly known as a revolutionary poet, who has actively participated in the freedom struggle of our country. Immanuel Sekaran was done to death only after giving a speech in the revolutionary poet Bharathiyar's festival. It is worthwhile to remember the simple song penned by the revolutionary poet Bharathi in order to discourage caste discrimination. He wrote a song to the loving children as hereunder, ...[VERNACULAR TEXT OMMITED]... To mean that there cannot be any discrimination in the name of caste or creed. So saying is a sin to the humanity. It is also apt to quote the father of our nation Mahatma Gandhiji who said,
"Let us forget all thoughts of, I am a Hindu, you a Muslim or I am a Gujarati, you a Madrasi, let us think, I and mine in a common Indian nationality, we shall be free only when a large number of our people are determined to swim or sink together."
The dreams and desires of such great people like Bharathi and Mahatma Gandhiji are yet to be fulfilled.
( 4. ) FACTUAL Scenario: The sequence of events right from the month of August 2011 resulting in the unfortunate incident of firing at Paramakudi on 11.09.2011 emerged from the materials placed before this Court are to be narrated hereunder:
4.1. The Deputy Superintendent of Police, Paramakudi Sub-Division issued a notification dated 21.08.2011 as per the provision under Rule 30(2) of Police Act, 1861, stating that it was reliably learnt that political processions, demonstrations, strikes and other form of protests are being contemplated to express grievances. It was further stated that he was knowing that such gathering in the form of meetings, dharnas, road rokos, processions, demonstrations, strikes or any other form of protests used to express grievances will result in breach of public peace and order. It is stated that he is empowered to regulate any public meeting, dharna, road roko, procession, demonstration, strike or any other form of protest etc., in the limits of Paramakudi Sub Division. It is further stated in the notification that if there is any essentiality for conducting any protests the organizers should apply to him for license, at least 48 hours prior to the proposed procession, meeting etc., and it is stated that the said order will be in force with effect from 21.08.2011 to 19.09.2011. 4.2. On 09/10-09-2011 night at about 00.45 hours while a Dalit youth Palanikumar of Pachery village was returning to home after witnessing a drama of Veerapandiya Kattabomman nearby Muthuramalingam Puthur village, members of ri
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