IN THE HIGH COURT OF JUDICATURE, MADRAS

(SPECIAL ORIGINAL  JURISDICTION)

 

 

WP.No.                   of  2022

 

 

1. Benjamin

District Secretary of AIADMK

Thiruvallur Central District

No. 171, S& P Garden

Nolumbur

Chennai- 600 095                                                               …Petitioner

 

-Vs-

 

1. The Director General of Police

State of Tamil Nadu

Dr. Radhakrishnan Salai

Mylapore

Chennai- 600 004

 

2. The Commissioner of Police

Avadi Commissionerate

Avadi, Chennai- 54

3. The Deputy Commissioner of Police

Avadi

Chennai- 54

 

4. The Inspect of Police

T-5, Thiruverkadu Police Station

Thiruverkadu, Chennai- 600 077                            …Respondents

 

 

AFFIDAVIT OF C.Ve. SHANMUGAM

I, P. Benjamin, Son of M.Pandian Aged, aged about 52 years, residing at No.171, S&P Garden, Nolumbur, Chennai,- 600 095, do hereby solemnly affirm and sincerely state as follows:

 

1. I am the Petitioner herein and I am well acquainted with the facts of the case stated here below.

 

2. I humbly submit that I belong to the All India Anna Dravida Munnetra Kazhagam (herein after Party), which is a registered political party with the Election Commission of India and is a recognized State party in the State of Tamil Nadu and Union Territory of Puducherry. I further submit that I am one the District Secretary of the of AIADMK Party namely for Tiruvallur Central District.  I submit that I was formerly a Minister of School Education for the State of Tamil Nadu between 2016-2021.

 

3. I submit AIADMK Party is presently the opposition party in the Tamil Nadu Legislative Assembly. Ever since the formation of the party in 1972, the AIADMK has formed the Government in the State of Tamil Nadu seven times under the guidance and leadership of our leaders Late Puratchi Thalaivai M. G. Ramachandran and our Amma Late Puratchi Thalaivi J. Jayalalaitha. The AIADMK adheres to socio-democratic and social justice principles coined by Former Chief Minister of Tamil Nadu Thiru. C.N. Anna Durai and have brought in a slew of welfare measures for the people and immensely contributed to the progress and economic development of the State of Tamil Nadu. The AIADMK and its party cadre has always worked for the benefit of the people while being the ruling party or when in the opposition and has earned significant goodwill with the people.

4. I submit that the above writ petition has been filed for a WRIT OF MANDAMUS directing the respondents to act on the petitioner’s representation dated  07.06.2022 and 15.06.2022 for granting of Police Protection/ Bandobust to Executive Council Meeting and General Council Meeting of the AIADMK Party to be held at 10 AM on 23.06.2022 at “Sri Vari Venkatachalapathy Kalyana Mandapam” Vanagaram under the Jurisdiction of the 4^th respondent and pass any other order as this Hon’ble court may deem fit and proper in the facts and circumstances of the case and thus render justice.

 

5. I state that from the inception of the party in the year 1972 the party has been conducting various meetings such as General Council Meetings, Executive Council Meetings etc which has been attended by thousands of party workers. In the above meetings several important decisions would be taken relating to the welfare of the party and also relating to various public issues to be addressed by the party. Since the AIADMK party being the opposition party several issues touching upon the present policy decisions of the ruling dispensation would be discussed on the touchstone of the welfare of the people of Tamil Nadu. Further, the decisions taken in the above meetings are relating to any amendments to the rules and regulations of the party are to be communicated to the Election Commission of India as per Section 29A and therefore the conduct of the above meetings becomes statutory in nature.

 

6. I state that the party conducts General Council meetings regularly and in all the above meetings the number of persons participating have only increased from year to year. Since the meeting is conducted in closed premises there are no specific permissions that are required for the meetings. However there would be a need for police protection outside the premises as several dignatories attend the meeting. After May, 2021 when the party has become the Leading Opposition Party in the State of Tamil Nadu, the party has been made to run from pillar to post for getting police protection for such meetings and in many cases, the authorities have not even considered the application till the last day of the meeting and the same is causing severe inconvenience to the party members who attend the above meeting.

 

7. I submit that in the above circumstances, on 02.06.2022 the Party High Command consisting of the Coordinator and Joint Coordinator had issued a general notification inviting all the members of the General Council and Executive Council for the meeting to be held at 10. AM on 23.06.2022 at “Sri Vari Venkatachalapathi Kalyana Mandapam” Vanagaram, Chennai to discuss various issues relating to the party and also public issues at large. I submit that presently there are about 2500 General Council and Executive Council Members who would be attending the above said meeting and the same would include two Former Chief Ministers of the State of Tamil Nadu, one of whom Thiru. Edappadi Palanisamy who is presently the leader of opposition, having the status of a Minister. In addition to the above the meeting would be attended by 65 MLA’s and 5 MP’s and former Ministers of the party.

 

8. I submit that since the above event is to take place under the constituency for which I am the District Secretary and since I am in charge of the handling of the affairs of the above meeting. I had intimated to the relevant authorities for necessary protection and arrangements. Further, we have received reliable information that certain outside elements such as expelled, removed party workers and persons from other political parties who oppose us are conspiring to disrupt the meeting by force and thereby leading to a serious of law and order problem outside the premises for the meeting.

 

9. I submit that in the above circumstance, I had made a request to the respondents to provide Police Protection/Bandobust to the General Council and Executive Council meeting to be held as mentioned above by my representation dated 07.06.2022. However, the same has not been considered and has been kept pending without issuing me with proper reply. I submit that in the meanwhile, since the same was not considered, I was constrained to issue another representation on 15.06.2022, which also faced the same fate. Based on the above turn of events, we are of the genuine apprehension that respondents have conspired with unknown elements to disrupt this meeting on 23.06.2022.

 

10. Under such circumstances, due to lack of any alternative and efficacious remedy, I am constrained to approach this Hon’ble Court under Art. 226 of the Constitution of India on the following grounds, amongst others. It may be reiterated that the petitioner has not filed any Writ Petition earlier before any Court for an identical relief.

G R O U N D S

 

1. It is submitted that right to assemble peacefully for a meeting of the Party is a Right enshrined under Article 19(1)(b) of the Constitution of India and the same being a fundamental right cannot be denied to the petitioner and his party.
2. It is submitted that when the above meeting relates to propagation of ideas and also help in aiding the issues relating to General Public the same becomes one of a Public Character and the respondents ought to extend Police Protection to the above meetings. The same being an important democratic function cannot be prevented by the respondents
3. It is submitted that when the petitioner has intimated more than 2500 people would be attending the meeting on 23.06.2022, the respondents ought to have taken up the issue seriously and accorded a reply to the petitioner granting Police Protection, the lackadaisical attitude of the respondents in not considering the representation is highly arbitrary.
4. It is submitted that when the petitioners have conveyed their genuine apprehension relating to the disruption of the meeting to be held on 23.06.2022, the respondents, ought to have at least conducted an enquiry into the same. In the absence of conducting such an enquiry, the respondents have failed in their duty to maintain law and order in the state.
5. It is submitted that the respondents are duty bound under the constitution to protect and safeguard the interest of its Citizens beyond Political Party borders and the action of the respondents to not extend their powers to safeguard the persons in the opposition party manifest the sorry state of affair in the state.
6. It is submitted that by keeping the representation pending without consideration and thereafter rejecting the request at the last minute preventing the party from approaching the court of law and causing embarrassment to the party being the modus operandi of the respondents have to highly deprecated.

 

For all the aforesaid reasons, it is prayed that this Hon’ble Court may be pleased to issue a WRIT OF MANDAMUS or any other appropriate Writ, Order or Direction directing the respondents to consider the petitioner’s representation dated  07.06.2022 and 15.06.2022 for granting of Police Protection/ Bandobust to Executive Council Meeting and General Council Meeting of the AIADMK Party to be held at 10 AM on 23.06.2022 at “Sri Vari Venkatachalapathy Kalyana Mandapam” Vanagaram under the Jurisdiction of the 4^th respondent and pass any other order as this Hon’ble court may deem fit and proper in the facts and circumstances of the case and thus render justice.

 

 

 

Solemnly affirmed at Chennai, this       }                  BEFORE ME:

the 18^th  day of June  , 2022 and }

signed her name in my presence.           }

 

ADVOCATE : CHENNAI