IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DHANABAL
Akhil Bharathiya Vidyarthi Parishad, Madurai – Appellant
Versus
Commissioner of Police, Madurai – Respondent
| Table of Content |
|---|
| 1. petitioner seeks permission for a public procession. (Para 1 , 2) |
| 2. respondent argues against the location, citing public safety and permissions. (Para 3) |
| 3. court evaluates logistical issues with proposed route. (Para 4 , 5) |
| 4. final ruling modifies the previous order allowing the rally under conditions. (Para 7) |
ORDER :
2. The learned counsel appearing for the petitioner would submit that the petitioner is Treasurer of Akhil Bharathiya Vidyarthi Parishad (ABVP) South Tamil Nadu. The Akhil Bharathiya Vidyarthi Parishad founded in the year 1949 to conduct more student leader, skill development, medical camp, students wing activities, public meeting, rally and carrier guidance program through all over India. Now the organization ABVP has decided to conduct State Conference in south Tamil Nadu from 07.02.205 to 09.02.2025 at Madurai.. The students lecturers professor, state office bearres and social activist will participate and leading the above said conference. More than 300 students will participate from various district and said procession will start from Mannar Thirumalai Nayakkar College at 4.00 pm., on 08.02.2025 and will end up at roundana of Pallanganatham at
The right to assemble is constitutionally protected but subject to reasonable restrictions in light of public safety.
The need for a specific representation for the rally and the court's discretion in granting permission with restrictions.
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 main legal point established in the judgment is the recognition of the fundamental right to peaceful assembly and protest, subject to reasonable restrictions, and the duty of the State to respect....
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 right to conduct processions or hold public meetings can be regulated in the interest of all, but must not be abridged or denied. Religious processions cannot be prohibited or curtailed solely ba....
The right to freedom of speech is fundamental but subject to reasonable restrictions to ensure public order, especially in contexts of communal tension.
The main legal point established in the judgment is the affirmation of conditions imposed on rally permissions to ensure peaceful and orderly conduct, particularly emphasizing the responsibility of g....
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