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2015 Supreme(Mad) 121

HIGH COURT OF JUDICATURE AT MADRAS
T.S. SIVAGNANAM, J.
P. Rajan, President & Others
Versus
The Deputy Commissioner of Police & Others
W.P. Nos. 1482 to 1484 of 2015
Decided on : 23-01-2015

Advocates Appeared:
For the Petitioners:R. Sankara Subbhu for M/s. S. Parthasarathi, Advocates.
For the Respondents: V. Jayaprakash Narayanan, Special Government Pleader.

The freedom of speech can be restricted and regulated, and the police have the authority to deny permission for public demonstrations on national holidays.

Headnote:

Freedom of Speech - Right to Demonstration - Regulation of Public Meetings on National Holidays

Fact of the Case:

The petitioners sought permission to conduct a demonstration opposing the visit of the President of the United States of America on Republic Day. The police denied permission, leading to the petitioners approaching the court.

Finding of the Court:

The court held that while the freedom of speech is guaranteed by the Constitution, it can be restricted and regulated. The police are entitled to regulate public meetings, especially on national holidays like Republic Day, and can deny permission for demonstrations on such dates.

Issues: Permission to conduct a demonstration on Republic Day

Ratio Decidendi: The court emphasized that the police have the authority to regulate public meetings and can deny permission for demonstrations on national holidays. It also allowed the petitioners to submit representations for conducting the demonstration on a different date.

Final Decision: The court disposed of the writ petitions, denying permission for the demonstration on Republic Day but allowing the petitioners to submit representations for conducting the demonstration on a different date.

Judgment :-

1. Heard Mr.R.Sankara Subbhu, learned counsel for the petitioners, Mr.V.Jayaprakash Narayanan, learned Special Government Pleader for the respondents.

2. The petitioner in W.P.No.1482 of 2015 is the President of the Covai Maavatta Puthiya Jananayaga Thozhizhallar Munnani, the petitioner in W.P.No.1483 of 2015 is the Krishnagiri District Secretary of the Puthiya Jananayaga Thozhizhallar Munnani and the petitioner in W.P.No.1484 of 2015 is the Avadi - Ambattur Area Secretary of the Puthiya Jananayaga Thozhizhallar Munnani.

3. All the three petitioners would state that their organizations have been established for the upliftment of workers in particular and to struggle for democratic rights of the people and the organizations have been doing several welfare measures for the upliftment of the persons in the locality and doing various other philanthropic activities.

4. The petitioners would state that they have submitted representations dated 14.01.2015, 19.01.2015 and 17.01.2015 respectively to the second respondents in the respective writ petitions. In the said representations, they have sought for grant of permission to conduct an agitation with 100 people opposing the proposed visit of the President of the United States of America on 26.01.2015, wherein, he has been invited to participate for the Republic Day Ceremony. The petitioners would submit that though representations were given on 14.01.2015, 19.01.2015 and 17.01.2015, no orders have been passed and therefore, the petitioners are before this Court.

5. The learned counsel for the petitioner submitted that throughout the world such agitations have been carried on, wherein, people have openly expressed their views with regard to the various policies of the other country. In the affidavits filed in support of these writ petitions in paragraph 7, the petitioners would state that their unions decided to conduct demonstration at Trichy, Pondicherry, Hosur, Coimbatore and Chennai and the respondents police have already given oral permission at Trichy and Pondicherry.

6. In order to verify the correctness of the said submission, the writ petitions were passed over in the morning and the learned Special Government Pleader was directed to get written instructions from the Commissioner of Police, Trichy.

7. The Commissioner of Police, Trichy City, by reply dated 23.01.2015 sent by fax to the learned Special Government Pleader submitted that no written or oral permission has been given to the petitioners organization sofar relating to the visit of the President of the United States of America on 26.01.2015. Therefore, from the stand taken by the Commissioner of Police, Tiruchirappalli City, Tiruchirappalli, the stand taken by the petitioners appears to be factually incorrect.

8. It has to be pointed out that the freedom of speech, as guaranteed by the Constitution of India, cannot be curtailed. But, however, the same can be restricted and the Constitution permits for such regulation.

9. It is to be noted that 26th January is the Republic Day and on that date, the petitioners seek to conduct the demonstration. The country always celebrates the Independence Day and Republic Day and in all the district headquarters, government offices functions are being organized by the respective departments, wherein, government servants and the general public participate to salute the National Flag, which is being hosted in all public buildings and various establishments conduct various other programmes. In fact, several functions are being arranged by the schools and privates institutions, such as prize distribution for children, etc., Therefore, the petitioners cannot, as a matter of right, contend that they will conduct their public meeting or demonstration or protest etc., on 26.01.2015.

10. This Court is of the view that the respondents police, being the law enforcing agencies, are entitled to regulate conducting of meeting and while granting permission, if it falls on a particular date, such




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