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IN THE HIGH COURT OF MADRAS
N. ANAND VENKATESH, J.
J. Ramesh Kumar – Petitioner
Versus
The Commissioner of Police, Coimbatore & Another – Respondents
W.P. No. 7377 of 2024, W.M.P. No. 8278 of 2024
Decided On : 15-03-2024
Road Show - Permission for Road Show - [Section 226 of the Constitution of India] - The court discussed the rejection of permission for a road show involving the Hon'ble Prime Minister of India. The rejection was based on concerns about the impact on public movement, disruption of student exams, and communal sensitivity. The court held that hindrance to public movement cannot be a ground for denial of permission, and security arrangements for the Prime Minister should be coordinated to ensure smooth conduct of the event. The rejection was set aside, and the court directed the granting of permission with reasonable conditions.
Fact of the Case:
The Writ Petition challenges the rejection of permission for a road show involving the Hon'ble Prime Minister of India and seeks a consequential direction to grant permission and provide police protection.
Finding of the Court:
The court set aside the rejection of permission and directed the 2nd respondent to grant permission with reasonable conditions, including the route and distance to be covered, and compliance with imposed conditions.
Issues: Rejection of permission for a road show, concerns about public movement, disruption of student exams, and communal sensitivity.
Ratio Decidendi: Hindrance to public movement cannot be a ground for denial of permission, and security arrangements for the Prime Minister should be coordinated to ensure smooth conduct of the event.
Final Decision: The Writ Petition is allowed, and the rejection of permission is set aside. The court directed the granting of permission with reasonable conditions.
JUDGMENT :
(Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records to quash the order made in C.No.13/Ka/OO/AA/RS Puram Range/2024 dated 14.03.2024 passed by the second respondent and to direct the respondents to grant permission to the petitioner to conduct Road Show in Mettupalayam Road, Coimbatore and to provide adequate police protection on 18.03.2024 starting 4 PM for a distance of 4 kilometers.)
1. The District President of Bharatiya Janata Party (BJP), Coimbatore has filed this Writ Petition challenging the rejection order passed by the 2nd respondent dated 14.03.2024 and for a consequential direction to the respondents to grant permission to conduct the road show on 18.03.2024 for 4 kilometers via Mettupalayam Road, Coimbatore, to be attended by the Hon'ble Prime Minister of India.
2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.
3. The petitioner applied for permission with the 2nd respondent on 14.03.2024 to permit his party to conduct a Road Show for 4 kilometers in which the Hon'ble Prime Minister of India was to participate in order to meet the people and to sensitize them regarding the various welfare measures and schemes provided by the office of the Prime Minister. On receipt of the representation, the same was rejected by the 2 nd respondent through impugned proceedings dated 14.03.2024.
4. The 2nd respondent in the rejection order has stated that the Road Show to be conducted goes through areas covering Hospitals, Commercial Establishments, Government Offices, Educational Institutions, etc., and it is going to take place during the peak hours and therefore, it will affect the free movement of the general public who will be finding it very difficult to reach their homes and will be stranded. The other reason that has been stated is that the students are writing the 10th standard and 12th standard examinations and it will disturb their preparation for the examination. That apart, the place where the Road Show is going to be conducted is a communally sensitive place and it will be very difficult to provide for the security arrangements of the Hon'ble Prime Minister of India. The last reason that has been assigned is that till now, no permission has been given for any Road Show to any person and therefore this request also cannot be acted upon.
5. The Hon'ble Prime Minister of India wants to meet the people and sensitize them about the various welfare measures/schemes provided by the office of the Prime Minister. The Road Show is going to be held for 4 kilometers and during a short span of time, the Hon'ble Prime Minister wants to meet/interact with as many people as possible and therefore the Road Show has been chosen as a medium to meet the people.
6. The stand taken by the 2nd respondent as if no permission has ever been granted for a Road Show to anyone, is on the face of it baseless. On many occasions, permission has been granted for Road Show for political leaders to meet the people. Therefore, this cannot be a ground for rejecting the permission.
7. The meeting organized for any political leader to interact with the people and more particularly for those who are holding the position of the Prime Minister or the Chief Minister, is certainly going to cause some hindrance to the free movement of the general public. However, that cannot be a ground to deny permission and the Police will have to find alternative routes to ensure smooth movement of the general public and vehicles. Ultimately, these leaders have been chosen by the people and hence, they should not be stopped from meeting the people who elected them. In the instant case, the mode adopted for meeting people is to have a Road Show to ensure that the Hon'ble Prime Minister of India comes interface with maximum number of people at Coimbatore within a short time. Hence, the hindrance to general public due to the visit
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