Dmk agitation case full order THE HON’BLE MR.JUSTICE S.VAIDYANATHAN & T HE HON’BLE MS.JUSTICE P.T.ASHA

[12/23, 07:19] Sekarreporter 1: W.M.P.No.36634 of 2019
in W.P.Nos.35712
and W.P.35713 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 22.12.2019
CORAM
THE HON’BLE MR.JUSTICE S.VAIDYANATHAN
&
T HE HON’BLE MS.JUSTICE P.T.ASHA
W.M.P.No.36634 of 2019
in W.P.Nos.35712
and W.P.35713 of 2019
W.M.P.No.36634 of 2019
in W.P.No.35712 of 2019
Varaaki
S/o.Radhakrishnan
Founder and President
Indian Makkal Mandram
No.2/3, Sudhananda Bharathi Street,
Ganapathipuram, East Tambaram,
Chennai-600 059. … Petitioner
-vs-
The Chief Secretary,
Secretariat, St.George Fort,
Chennai-600 009.
The Home Secretary,
Secretariat, St.George Fort,
Chennai-600 009.
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[12/23, 07:20] Sekarreporter 1: W.M.P.No.36634 of 2019
in W.P.Nos.35712
and W.P.35713 of 2019
The Director General of Police,
O/o.The Director General of Police
Mylapore, Chennai-600 004.
The Commissioner of Police,
Greater Chennai Police Commissionarate
Veppery, Chennai-600 007. … Respondents
P rayer in WP: Writ petition is filed under Article 226 of Constitution of India for
issuance of a writ of Mandamus, forbearing the respondents herein from giving
any kind of permission to the unlawful demonstration to be conducted on
23.12.2019 by the Opposition Parties in the State of Tamil Nadu.
Prayer in WMP: To grant an order of interim injunction restraining the
opposition Parties in the State of Tamil Nadu from proceeding with the unlawful
Demonstration to be conducted on 23.12.2019, pending disposal of the Writ
Petition.
For Petitioner : Mr.B.Janakiram
For Respondents : Mr.V.Jayaprakash Narayan
Govt. Pleader
W.P.No.35713 of 2019
A.Ezhilarasu
S/o.Arunachalam
97, APH Road,
Ezil Rajkumar Illam,
Avadi, Chennai-600 054. … Petitioner
-vs-
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[12/23, 07:20] Sekarreporter 1: W.M.P.No.36634 of 2019
in W.P.Nos.35712
and W.P.35713 of 2019
Mr.Thamimun Ansari M.L.A.,
General Secretary
Manitha Neya Jananayaga Katchi
26, Kalitheru, Thoppudurai Post
Vedharanyan Taluk, Nagapattinaum District
The General Secretary
Social Democratic Party of India, (SDPI)
4/7, Ibrahim Sahib Street,
Seethakadi Nagar,
Mannady, Chennnai-1.
The Chief Secretary
Govt of Tamilnadu
Secretariat, Fort St George
Chennai-600 009.
The Director General of Police
State Police Head Quarters
Government of Tamil Nadu
Secretariat, Fort St.George
Chennai-600 009.
The Commissioner of Police
Greater Chennai
Vepery, Egmore
Chennai-600 008.
The Commissioner,
Greater Chennai Municipal Corporation,
Chennai … Respondents
P rayer in WP: Writ petition is filed under Article 226 of Constitution of India for
issuance of a writ of Mandamus, directing the 15
th and 16
th
respondents not to
permit the 1
st
to 13
th
respondents to conduct the scheduled rally / procession /
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[12/23, 07:20] Sekarreporter 1: W.M.P.No.36634 of 2019
in W.P.Nos.35712
and W.P.35713 of 2019
protest on 23.12.2019 as against the Citizenship (Amendment) Act, 2019 since
the same kind of held procession in Delhi, Karnataka, U.P., Assalm turned
violent and affected the Normal Tempo of life, in the larger interest of public,
public properties and to protect the law and order on the basis of The
Newspaper Report published in Dinamalar Tamil Daily dated 21.12.2019.
For Petitioner : Mr.R.Krishnamurthy
For R14 to R17 : Mr.V.Jayaprakash Narayan
Govt. Pleader

I N T E R I M O R D E R
S.VAIDYANATHAN,J.,
AND
P.T.ASHA,J.,
The Writ Petition in W.P.No.35713 of 2019 is admitted. Notice.
The petitioners seek to forbear the respondents herein from giving any
kind of permission to the unlawful demonstration to be conducted on
23.12.2019 by the Opposition Parties in the State of Tamil Nadu.
When the matters are taken up for hearing, it is represented by the
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[12/23, 07:21] Sekarreporter 1: W.M.P.No.36634 of 2019
in W.P.Nos.35712
and W.P.35713 of 2019
The rejection order dated 22.12.2019 has not been challenged by the
respondents in W.P.No.35713 of 2019. However, the petitioners apprehend that
there may be untoward incident, if the respondents, defying the rejection
order, proceeds to conduct the demonstration/protest and they, therefore,
seek to forbear the respondents from giving any kind of permission to the
unlawful demonstration to be conducted on 23.12.2019 by the Opposition
Parties in the State of Tamil Nadu.
In a democratic country, a peaceful demonstration cannot be
prevented, as it is the backbone of the democratic set up. From the reply given
by the respondents, it could be seen that the political party, which is scheduled
to conduct the rally / procession / protest, is reluctant to take on
responsibility. However, according to us, the queries raised by the Police are
indeed very relevant to the present case on hand in the light of the judgment of
the Hon’ble Supreme Court in the case of Destruction of Public and Private
Properties vs. State of A.P. and Others, reported in AIR 2009 SC 2266, in
which the Hon’ble Supreme Court has stated as follows:
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[12/23, 07:21] Sekarreporter 1: W.M.P.No.36634 of 2019
in W.P.Nos.35712
and W.P.35713 of 2019
Though the reply given by the Government Pleader is convincing, we
do not want to play with the life of innocent people in case of any untoward
incident and it is the duty of the Court to protect every citizen of the State in
the light of the judgment of the Hon’ble Supreme in the case of Destruction of
Public and Private Properties vs. State of A.P. and Others (cited supra).
Hence, as an interim measure, in the event of the political parties
proceeding with the agitation “DESPITE REFUSAL” there shall be an interim
direction to the Police that the entire area, including the diverted area as
found mentioned in the pamphlet of the respondents (it was not originally
indicated in the application made by them), for which the permission for
procession is sought should be videographed and the drone technology can also
be used for the purpose of recording the demonstration so that the liability can
be foisted on the leaders and not on the followers. Notice.
Post on 30.12.2019.
Sd…/-
22.12.2019
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