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2024 Supreme(Online)(MAD) 16271
HIGH COURT OF MADRAS
Honourable Dr Justice G. JAYACHANDRAN
VISHWA HINDU PARISHAD – Appellant
Versus
THE SUPERINTENDENT OF POLICE – Respondent
The police cannot deny permission for public meetings without proper justification; malice in decision-making is grounds for judicial intervention.
Headnote:
Police - Public Meeting - Police Act Section 30(2) - The court found the police's rejection of permission for the public meeting to be unjustified, influenced by malice, and ordered a revised approach with a crowd limit.
Fact of the Case:
The petitioner, representing an organization, sought permission to hold an anniversary event expecting 500-1000 attendees in a public ground. Police denied the request citing crowd management issues and Section 30(2) of the Police Act.
Finding of the Court:
The court found the police's refusal to be arbitrary and based on improper reasoning, noting prior usage of the space for similar events and the petitioner's willingness to limit attendance.
Issues: Whether the police's denial of permission for the public meeting was justified, and if it constituted an act of malice.
Ratio Decidendi: The denial of permission was deemed an abuse of discretion influenced by malice, as prior uses of the same venue had not faced similar objections.
Final Decision: Permission granted for the event with a limitation on attendance.
O R D E R
The petitioner herein is the District Secretary of the Vishva Hindu Parishad. To conduct 60th Anniversary of the Vishva Hindu Parishad in the open ground at Kallakurichi owned by the Kallakurichi Municipality he has paid Rs.1,000/- as rent on 26.07.2024. He has made application seeking police protection by the letter dated 14.06.2024 stating that in the Kallakurichi Mandaveli ground he intend to organize the 60th Anniversary of Vishva Hindu Parishad in which representatives of the organization from all India, South India and general public of about 500 to 1000 may participate and therefore permission to use light and sound on 10.08.2024 Saturday between 5.00 p.m and 10.00 p.m was sought. A reminder has also been sent on 13.07.2024.
2. While so, the Inspector of Police, Kallakurichi has declined permission in his proceeding dated 05.08.2024 stating that the ground in which the petitioner propose to conduct the public meeting will not accommodate 500 to 1000 persons. Further the meeting place is at 5 Road junction and therefore there is no facility to park vehicles and also there is a possibility of vehicular disturbance. Further it is also stated that since Section 30(2) of Police Act is in force, permission sought is rejected.
3. Being aggrieved by the rejection order passed at the last minute and without proper application of mind and also with malice to prevent the petitioner Organization from conducting public meeting in a democratic manner, the present writ petition has been filed.
4. The learned Government Advocate (Crl. Side) submitted that the place chosen by the petitioner is not conducive or adequate to accommodate 500 to 1000 persons. As it has been represented that all India leaders and top leaders of the Organization from various places will come and participate, it is difficult for the police to regulate the crowd, since the place chosen by the petitioner is very important point in the Kallakurichi Town and it is the junction of 5 Roads. If the petitioner suggest alternate spot the same will be considered.
5. Mr.Su.Srinivasan, learned counsel appearing for the petitioner submits that the place which has been chosen by the petitioner is the place meant for public meetings owned and rented to public by the Kallakurichi Municipality. The open ground can accommodate more than 600 persons. However, if the respondent have any apprehension of there being any difficulty in managing the crowd, the organizers are ready to restrict the crowd between 300 and 400 persons. He would further submit that all public meetings of political parties have been conducted in that place and so far, there had been no denial of permission by the police. However, for the petitioner organization the respondent has invented reasons which are not tenable.
6. Considering the submissions and perusing the documents annexed along with the photographs of the permanent stage constructed by the Kallakurichi Municipality for the purpose of public meeting and rental receipt issued by the Municipality, this Court is of the view that the denial of permission by the respondent police is flavoured with malice and non-application of mind.
7. The petitioner having given an undertaking that there will be restricted crowd not more than 400, the 2nd respondent herein is hereby directed to grant permission by getting an undertaking from the organizers / petitioner herein that there will not be congregation of more than 400 persons in the open ground in front of the permanent stage.
8. Accordingly, this Criminal Original Petition is allowed.
09.08.2024 Index : Yes/No Neutral Citation : Yes/No dsa Note:-Issue order copy by today i.e., 09.08.2024.
To
1.The Superintendent of Police, Kallakurichi, Kallakurichi District.
2.The inspector of Police, Kallakurichi Police Station, Kallakurichi, Kallakurichi District.
3.The Public Prosecutor, High Court of Madras, Chennai.
Dr.G.JAYACHANDRAN,J.
dsa
09.08.2024
