Madurai Bench of Madras High Court
N. KIRUBAKARAN, J.
S. Sivakumar & Others
Versus
The State of Tamilnadu rep. by its Home Secretary & Others
W.P.(MD). Nos. 13607, 14198 & 14287 of 2013
Decided On : 10-09-2013
Freedom of Assembly - Celebrations of Community Leaders - Prohibition of Celebrations - [MAHATMA GANDHI] - [Freedom of Assembly] - [Section 144 Cr.P.C., Article 19(2) of the Constitution] - The court discussed the prohibition of celebrations of community leaders and the imposition of restrictions under Section 144 Cr.P.C. and Article 19(2) of the Constitution. It highlighted the need for reasonable restrictions in the interest of public order and the court's inability to direct the authorities to grant permission for celebrations that pose a risk to public order and safety.
Fact of the Case:
The case involved petitions seeking permission for celebrations of community leaders and freedom fighters, along with police protection and other amenities. The authorities had imposed restrictions due to past incidents of violence and communal tension during such celebrations.
Finding of the Court:
The court found that the celebrations posed a risk to public order and safety, leading to loss of lives, injuries, and damage to properties. It held that the authorities were justified in imposing restrictions to prevent untoward incidents.
Issues: The main issue was whether the authorities were justified in imposing restrictions on the celebrations of community leaders and freedom fighters due to the risk to public order and safety.
Ratio Decidendi: The court held that the rights guaranteed under Article 19 are subject to reasonable restrictions in the interest of public order. It emphasized the need for the authorities to assess the ground realities and take appropriate actions to maintain peace and tranquility.
Final Decision: The court dismissed the writ petitions, upholding the authorities' imposition of restrictions on the celebrations. It also provided guidelines for the authorities to follow, including considering the banning of celebrations or reducing them to low-key affairs, and prohibiting hate speeches and objectionable slogans.
1. “MAHATMA GANDHI” is the only leader, who has not been given caste colour. It is very unfortunate, invariably, all other leaders, one way or other, are identified with the castes and religious. All these tall leaders are sought to be reduced as caste leaders, which, they would not have dreamt of during their life time.
2. In all thee writ petitions, the common issue is only with regard to celebrations connected to “Maamannar Poolithevan” “Thiyagi Immanuvel Sekaranar” and “Ondi Veeran”.
3. W.P.No. 13607 of 2013 is to forbear the respondents from preventing the members of the petitioners movement residing all over Ramanathapuram District, from hiring private vehicles to go to the place Ondiveeran-memorial in Tirunelveli District and consequently direct the respondents to grant permission and to provide police protection to participate in the said function on 20.8.2013.
4. W.P.No. 14198 of 2013 is to direct the respondents to provide adequate police protection, drinking water facilities, sanitary facilities to the people who come to Paramakudi, Ramanathapuram District on 11.9.2013 from various parts of Tamil Nadu and provide parking lots to the vehicles including hires vehicles on which people come there for paying homage to their community leader Thiyagi Immanuvel Sekaranan at memorial place.
5. W.P.No. 14287/2013 is to direct the respondents to grant permission and adequate police protection for the celebration of 298th Birth Anniversary of “Maamannar Poolithevan” at Tirunelveli District on 1.9.2013 to be conducted by the petitioner.
6. The common thread in all the above writ petitions are seeking permission to hire vehicles and to travel respective memorials of their leaders and conduct meeting and for police protection. The petitioners contend that their respective leaders are freedom fighters and the celebrations are conducted by the people in recognition of their contribution to the society and therefore, they should be allowed to conduct the celebration with police protection. They also contend that various political party leaders, communal leaders and leaders of various organizations and general public would assemble there to pay homage to their respective leaders. This year only, the police is imposing restrictions not to hire vehicles to travel to the memorials/birth places and refuse to give permission for conducting meeting. Therefore, they are before this Court.
7. Heard Mr. T. Lajapathiraj, learned counsel appearing for the petitioners in W.P.No.13607 of 2013 and Mr. W. Peter Rameshkumar, learned counsel appearing for the petitioner in W.P.Nos.14287 of 2013 and Mr. R. Murugappan, learned counsel appearing for the writ petitioner in W.P.No. 14198 of 2013 and Mr. Aayiram K. Selvakumar learned Government Advocate for the respondents. Strictly speaking, W.P.No. 14287 of 2013 and W.P.No. 13607 of 2013 have become infructuous, as they sought permission for the respective functions on 20.8.2013 and 1.9.2013. In any event, considering the public interest, this court disposes of all these writ petitions together on merits.
8. It is disheartening to note that communal and castiest forces are raising their ugly heads often. This court is aware that southern part of Tamil Nadu is communally very sensitive. Any untoward incident would definitely create communal tension, law and order problem. Nowadays, year by year new leaders/heroes are discovered as caste leaders so as to enable them to conduct celebration in their names. These celebrations are terms as “gurupoojas”. It is being said that these occasions are being used by various persons of the same community to show their might to claim so as to get leadership of their community and also to exhibit their strength with a view to get supremacy of their community over and above the other communities. No doubt, the heroes and freedom fighters are required to be honoured, irrespective of their communities. However, in reality, it is said they are being honoured no
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