Protest order HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA WP Crl. No. 654 of 2025 R.Mohan

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-11-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA
WP Crl. No. 654 of 2025
R.Mohan
S/o.E.Rathnam, State Treasurer, Uzhaipor Urimai Iyakkam, Having its registered office at No.19/C, Mariamman Kovil Street,
Kalyanapuram, Ambattur,
Chennai – 600 058. Petitioner
Vs
1. The Commissioner of Police Greater Chennai Police, Veppery, Chennai – 600 007.
2.The Joint Commissioner of Police, Greater Chennai Police-East Zone, Egmore, Chennai.
3.Inspector of Police (Law and Order), G-2, Periamet Police Station, Periamet, Chennai – 600 003.
4. The Commissioner of Police
Avadi Commissionerate, Avadi,
Chennai – 600 054
5. The Inspector of Police
T-1 Ambattur Police Station,
Avadi Commissionerat, Chennai
(Respondents 4 and 5, Suo motu Respondent(s) impleaded vide instant order)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the Order in No.684/Tha.P.2/E.Ko.102/2025 dated 18.08.2025 passed by the Respondent No.2, quash the same and consequently direct the Respondent No.1 to grant permission to the petitioner to conduct an indefinite peaceful protest at Rajarathinam Stadium, Chennai.
For Petitioner : Mr.K.Bharathi for Mr.B.Mohan
For Respondents: Mr.E.Raj Thilak
Additional Public Proseucutor
ORDER
This Writ Petition has been filed to quash the order in
No.684/Tha.P.2/E.Ko.102/2025, dated 18.08.2025 passed by the 2nd respondent, and consequently direct the 1st respondent to grant permission to the petitioner to conduct an indefinite peaceful protest at Rajarathinam Stadium, Chennai.
2. Mr.K.Bharathi, learned counsel for the petitioner, by relying on the judgment of the Hon’ble Supreme Court in Ramlila Maidan Incident Vs.
Home Secretary, Union of India & Ors., reported in 2012 (5) SCC 1, would submit that the right to assemble to conduct a demonstration or an agitation are basic features of the our democratic system. However, the petitioner’s request to conduct Dharna had been rejected. Hence, the present petition is filed.
3. Per contra, Mr.Raj Thilak, learned Additional Public Prosecutor appearing for the respondents, by relying on the judgment of the Supreme Court in Amit Sahni vs. Commissioner of Police and Others (2020) 10 SCC 439, would submit that though there is a right given to the citizens under the Constitution of India to protest against the Government action, it needs to be balanced with other contrasting fundamental rights and the same is subjected to reasonable restrictions. He would further submit that the petitioner had sought permission to conduct an indefinite fast at Rajarathinam Stadium and considering that allowing to conduct indefinite fast would cause unnecessary hardship and disturbance to the general public, the respondents have rejected the petitioner’s request.
4. At this juncture, the learned counsel for the petitioner would submit that the petitioner organisation has decided to conduct a peaceful protest wherein four members of the petitioner organisation have decided to observe indefinite fast inside their office premises at No.19/C, Mariamman Kovil Street, Kalyanapuram, Ambattur, Chennai – 600058 and 50 of their members will also assemble at the office premises, subject to the conditions that may be imposed by this Court. Hence, he would pray that appropriate directions may be issued to the jurisdictional police to ensure that permission is granted and the protest of the petitioner is conducted in a peaceful manner.
5. Since the petitioner has sought permission to conduct a peaceful protest at Ambattur, this Court suo motu impleads the Commissioner of Police, Avadi and the Inspector of Police, Ambattur, as they are necessary parties to the proceedings and Mr.E.Raj Thilak, learned Additional Public Prosecutor takes notice for the impleaded respondents.He would submit that subject to the petitioner undertaking to comply with the conditions imposed by this Court, the respondents are ready to accord permission.
6. In the case of Amit Sahni (supra), it has been held that the right to protest against Government action needs to be balanced with other contrasting fundamental rights and is subject to reasonable restrictions, as per Articles 19(2) and 19(3) of the Constitution of India.
7. Now that the petitioner has agreed to conduct peaceful protest at his office, this Court directs the impleaded respondents viz., The Commissioner of Police, Avadi and the Inspector of Police, Ambattur, to grant permission to the petitioner/association to conduct indefinite fast inside their office premises in the address stated in paragraph 4, supra, subject to the following conditions:
i. The four named persons viz., Mrs.Jenova, Mrs.Bharathi, Mrs. Geetha and Mrs.Vasanthi, will be
observing the indefinite fast.
ii. In the event of any of them withdrawing the indefinite fast, they can be substituted by any other member(s). However, the number of persons observing the indefinite fast shall not be more than four persons.
iii. The number of persons visiting the petitioner
association shall be restricted to 50.
iv. The petitioner shall not put up any temporary structure like Pandhal/shamiana, chairs, etc. outside the
association premises.
v. There shall not be any disturbance to the
residents of the locality.
vi. The petitioner shall permit a Government doctor to visit and review the health of the fasting members on a
daily basis, both in the morning and evening hours.
vii. The petitioner shall ensure that its members strictly adhere to the above conditions and there is no
disturbance to law and order.
viii. The petitioner shall file an affidavit before the Inspector of Police, Ambattur, stating that he will comply
with conditions i to vii, supra.
8. With the above directions, this Writ Petition is disposed of.
14-11-2025
Ksa-2
Index:Yes/No
Speaking/Non-speaking order
Internet:YesNeutral Citation:Yes/No
Note:Issue order copy on 14.11.2025
To
1.The Commissioner of Police Greater Chennai Police, Veppery, Chennai – 600 007.
2.The Joint Commissioner of Police, Greater Chennai Police-East Zone, Egmore, Chennai.
3.Inspector of Police (Law and Order), G-2, Periamet Police Station, Periamet, Chennai – 600 003.
4. The Commissioner of Police
Avadi Commissionerate, Avadi, Chennai – 600 054
5. The Inspector of Police
T-1 Ambattur Police Station,
Avadi Commissionerat, Chennai
6. The Public Prosecutor
High Court of Madra
A.D.JAGADISH CHANDIRA J.
ksa-2
WP Crl. No. 654 of 2025

14-11-2025