JUDGMENT :

R. MAHADEVAN, J.

These Letters Patent Appeals are filed assailing the common order dated 04.11.2022 passed by the learned Judge in Contempt Petition Nos. 2111, 2115, 2238, 2239 to 2243, 2249, 2272 to 2275, 2322 to 2350, 2362 to 2369 of 2022.

WRIT PROCEEDINGS

2. Writ Petition No.24540 of 2022 etc. batch, were filed by the appellants in these appeals, praying to issue a Writ of Mandamus directing the respondents herein to permit the members of Rashtriya Swayam Sevak Sangh (RSS) to conduct the procession (Route March) wearing their uniform (Dark olive green trousers, white shirt, cap, belt, black shoes) through various routes and times specified in the writ petitions, throughout the State.

3. According to the appellants / writ petitioners, they are holding various posts in RSS, which was formed in the year 1925. To commemorate the 75th year of Independence, the birth centenary of Bharat Ratna Dr. B.R. Ambedkar and Vijaydasami, they decided to take out procession on 02.10.2022 at various places and to conduct a public meeting on the same day. Accordingly, the appellants / writ petitioners have submitted their respective representations under Section 41(A) of the Chennai City Police Act, 1988 and Section 30(2) of the Police Act, 1861, as the case may be, requesting the authorities concerned to grant permission to them to conduct such procession and public meeting. However, no decision was taken on such representations and therefore, they have filed the writ petitions for the aforesaid relief.

4. Before the Writ Court, on behalf of the petitioners, reliance was placed on the provisions under Section 41 of the Chennai City Police Act, 1988, Section 30(2) of the Police Act, 1861, as well as the earlier order dated 07.11.2014 passed in W.P.No.28677 of 2014 etc., and contended that the non-consideration of the applications seeking permission is unlawful and it warrants interference.

DIRECTIONS ISSUED IN THE WRIT PETITIONS

5. Upon hearing the counsel for both sides, the learned Judge has disposed of the writ petitions viz., WP.No.24540 of 2022 etc. batch,, by order dated 22.09.2022, the relevant portion of which is quoted below for ready reference:

"8. All the petitioners sought for permission to take out procession and to conduct public meeting. Therefore, they do not fall under the category, those where a right is claimed as an essential part of the profession of any religion, since the petitioners do not claim that they seek to take out a procession as an essential part of any religious rite.

Further the respondents are kept the petitions for seeking permission to conduct procession and public meeting pending without passing any orders for the past nearly one month.

9. The Hon’ble Supreme Court of India in the case of Mazdoor Kisan Shakti Sangathan Vs. The Union of India and anr in W.P.(Civil)No.1153 of 2017 by an order dated 23.07.2018 held that the fundamental right of the citizens to hold peaceful demonstrations and protest in order to bring out their grievances to the notice of the authorities in power so that the concerned authorities are awakened and attend to their grievances as well as take remedial measures. Therefore, there could not have been a complete ban on demonstration in the area in question. Undoubtedly, holding peaceful demonstration by the citizen in order to air its grievances and to ensure that these grievances are heard in the relevant quarters, is its fundamental right. This right is specifically enshrined under Article 19(1)(a) and 19(1)(b) of the Constitution of India. It confers a very valuable right on the citizens viz., right of free speech and it gives right to assemble peacefully without arms.

10. Insofar as the Union Territory of Puducherry is concerned, the Superintendent of Police (East), Puducherry by an order dated 16.09.2022 granted permission with certain conditions. The petitioners also under take before this Court that they will abide any conditions as imposed by this Court.

11. In view of the abo