If there is constitutional or statutory violation judiciary can interfere.

Markandey Katju, CJ.

This writ appeal has been filed against the Judgment of a learned single Judge of this Court dated 23.11.2004 in W.P.No.34001 of 2004 in Rama. Muthuramalingam Vs. Deputy Superintendent of Police, Mannargudi, Tiruvarur District and another.

Heard learned counsel for the appellant and learned Government Pleader for the respondents. The appellant claiming to be a member of the State Propaganda Committee of the Thanthai Periyar Dravidar Kazhagam, a non-political party, whose main aim is said to be the abolition of the caste system in the country, has filed the writ petition.

The appellant by application dated 01.11.2004 sought permission of the 2nd respondent, the Inspector of Police, Mannargudi Police Station, Tiruvarur District to conduct a public meeting on 16.11.2004 to propagate the principles of the Thanthai Periyar Dravidar Kazhagam at Panthaladi Kilpuram, Mannargudi. However, by order dated 15.11.2004, the 1st respondent refused permission to the appellant-Kazhagam to conduct a public meeting on 16.11.2004, on the ground that it could affect the law and order in the locality, as there are direct clashes between the members of the appellant organisation and other organisations in connection with the arrest of the Sankarachariyar in an alleged murder case.

The said order dated 15.11.2004 reads as follows:-

"From:

Pa.Sundararajan,

Deputy Superintendent of Police,

Mannargudi.

To:

Thiru.Rama Muthuramalingam,

District Propaganda Committee

Member, Thanthai Periyar Dravidar Kazhagam,

31, Nagaraja Iyyer Colony, South 4th Street,

Mannargudi.

Na.Ka.No.206/Thu.Kaa.Ka./Mannai/04 dated 15.11.2004

Sir,

Sub: Thanthai Periyar Dravidar Kazhagam meeting to be held on 16.11.2004 - rejection of permission - reg.

Ref: Your letter for meeting dated 01.11.2004

---------

Your letter seeking permission for holding a meeting to propagate the principles of your party viz., Thanthai Periyar Dravidar Kazhagam has been considered by us. In the surcharged atmosphere following the arrest and lodgment in jail of Sankarachariyar in connection with Kanchipuram murder case several unpleasant incidents have been reported involving D.K.Party and other parties leading to law and order problems. Since, there is likelihood of recurrence of such incidents in Mannargudi, where you proposed to hold the meeting, your request for permission to hold the meeting is negatived.

2.Kindly acknowledge the receipt of the letter

/ Sd- /

The Deputy Superintendent of Police,

Mannargudi."

Aggrieved by the said order dated 15.11.2004, appellant filed a writ petition before the learned single judge, which has been disposed off by the impugned order. Hence, this writ appeal.

The main submission of the learned counsel for the appellant before the learned single Judge was that under Article 19(1)(a) of the Constitution of India, every citizen has got freedom of speech and expression, and under Article 19(1)(b) a citizen has a right to assemble peaceably. Before the learned single Judge, the appellant contended that his rights under Article 19(1)(a) and 19(1)(b) of the Constitution have been violated by the order of the 1st respondent dated 15.11.2004.

Paragraphs 9 and 10 of the impugned order reads as follows:

"Para-9: The right of the petitioner to conduct a public meeting to propagate their principles as guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution of India could be protected only by imposing a condition that they shall not speak about the arrest of Sankarachariyar in an alleged murder case; nor justify the same; nor speak with reference to the investigation connected therewith. The organizations, which indulge themselves in any manner objecting the arrest of Sankarachariyar in an alleged murder case, either opposing or criticizing the investigation connected therewith placing reliance on Article 25 of the Constitution of India, inasmuch as the beauty of Indian democracy lies in the face of secularism and any wrinkle on the secularism would deface t