The main legal point established in the judgment is the need for reasonable restrictions on the right to assemble, the regulatory nature of relevant provisions under the Police Act, 1861, and the importance of allowing the expression of opposing viewpoints.

1. The petitioner in this writ petition is Srivilliputhur Bar Association represented by its Secretary.

2. In this writ petition, the petitioner challenges the order passed by the fifth respondent namely the Inspector of Police, Krishnankovil Police Station, in charge of Srivilliputhur Town Police Station, Srivilliputhur, dated 14.08.2012.

3. It transpires that the petitioner Bar Association sent a letter dated 13.08.2012 to the fifth respondent asking permission for conducting a procession on 17.08.2012 at 10.00 a.m. starting from the car shed at Srivilliputhur and passing though South Car Street, West Car Street, North Car Street and Jewellery Bazaar and ending at Srivilliputhur Bus Stand, to reieterate the demands of the Association.

4. The fifth respondent held that the power has been conferred on him by the Deputy Superintendent of Police, Srivilliputhur Sub Division, under Section 42-A of the Police Act, 1861 and in the light of the law and order problem and also the communal situation prevailing, if any processions, meetings or struggles are conducted, it may affect the law and order. Therefore, from 12.08.2012 to 26.08.2012, a promulgation has been done under Section 42-A of the said Act. Hence, the processions and meetings are banned. The request made by the Association was denied. In support of his stand, he also enclosed the proceedings issued by the Deputy Superintendent of Police, Srivilliputhur dated 12.08.2012. In that proceedings, by exercise of power under Section 42-A of the Police Act, 1861, the authority had banned any meeting or procession within the area comprising Srivilliputhur Sub Division and the persons who are intending for conducting any procession or meeting, should make appropriate application.

5. In this context, reference made to the Police Act, 1861, is misconceived, because the Police Act, 1861, do not contain any provision such as Section 42-A of the Act. It is only under the Tamil Nadu District Police Act, 1859 under Section 42-A by which a Police Officer not below the rank of Deputy Superintendent of Police, may in the interest of public order, depute by order in writing one or more Police Officers to be present in any assembly, meeting or procession, in any public place for the purpose of causing a report to be taken of the proceedings.

6. It is not clear as to how Section 42-A of the Tamil Nadu District Police Act, 1859, will have relevance or give any power either to the Deputy Superintendent of Police or to the Inspector of Police, as the case may be, to prohibit any procession or assembly. The said provision only enables the authority to depute a Police Officer to be present in the meeting for the purpose of reporting the activities in any procession or a meeting, so that, they can give information regarding the happenings in the said meeting or procession. If at all, there is any regulation of public assemblies and processions and licensing of the same, the relevant provision is Section 30 of the Police Act, 1861. No records were produced to show the promulgation of an order under Section 30(2) of the Police Act, 1861.

7. In the present case, the grievance of the petitioner Association was that two of its Members namely M/s.Govindaraj and Neerathilingam, were illegally detained by the respondent police in a criminal case under various provisions including the Harassment of Women in Public place was registered against them. That case was lodged on the basis of a false complaint. Also false complaints were lodged against the Members of the Association.

8. It is also stated that two Members referred to therein had suffered injuries at the hands of the police. Therefore, they made a representation on 08.08.2012 and 13.08.2012 requesting to permit the Association to conduct a meeting and rally in Srivilliputhur Town on 17.08.2012 to condemn police atrocities and to demonstrate the role of the Advocates in connection with the public. With reference to the right to express their gr