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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.Swaminathan, J, K.RAJASEKAR
M.Arasupandi – Appellant
Versus
Commissioner of Police – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1) |
| 2. arguments regarding the imposition of vehicle pass condition. (Para 2 , 3) |
| 3. court examines the legality of imposed conditions. (Para 4 , 5) |
| 4. analysis of legal powers regarding public assemblies. (Para 6 , 7 , 9 , 10) |
| 5. assessment of balance between rights and public interest. (Para 8 , 11 , 12 , 13) |
| 6. rights of citizens and limitations on authority. (Para 14 , 15 , 16) |
| 7. clarification of proposed arrangements to satisfy law enforcement. (Para 17) |
| 8. final judgment and reasons for modifying the previous order. (Para 18 , 19) |
JUDGMENT :
G.R. Swaminathan, J.
This Writ Appeal is directed against the order dated 13.06.2025 made in W.P.Crl(MD)No.185 of 2025. Hindu Munnani has proposed to conduct a conference of the devotees of Lord Muruga on 22.06.2025 from 03.00 p.m to 08.00 p.m in the city of Madurai near Vandiyur Toll Plaza, Pandi Kovil Ring Road. Permission for conducting the conference had been granted by the Assistant Commissioner of Police, Anna Nagar Range, Madurai Greater City (North) vide proceedings dated 12.06.2025. However, it was subject to as many as 52 conditions. The organisers feel aggrieved by condition No.7.
Imposing conditions on public gatherings must be justified and reasonable, ensuring no violation of fundamental rights to movement and assembly.
Point of law : Right need to be balanced with other contrasting fundamental rights and is subject to reasonable restrictions indicated in Articles 19(2) and (3). Therefore, the mere fact that batch o....
The court emphasized that while the police cannot restrict religious processions arbitrarily, concerns about potential law and order issues can justify such restrictions, especially in cases motivate....
The right to freedom of speech is fundamental but subject to reasonable restrictions to ensure public order, especially in contexts of communal tension.
The police authorities can only regulate the conduct of public meetings and assemblies under the Police Act, 1861.
The right to assemble peacefully is fundamental and cannot be prohibited without reasonable justification, emphasizing the need for a balance between individual rights and public order.
The right to assemble peacefully and protest is a fundamental right guaranteed under Articles 19(1)(a), 19(1)(b), and 19(1)(d) of the Constitution of India. The police cannot reject permission for a ....
The right to assemble peacefully under Article 19 is fundamental but subject to reasonable restrictions to maintain public order, especially in light of past violence.
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