Sekarreporter1: https://twitter.com/sekarreporter1/status/1572975296747544579?t=VxY1BoX39nbyXwmn4vhv6A&s=08 [9/22, 21:15] Sekarreporter1: [9/22, 20:59] Sekarreporter1: Today the Hon’ble High Court of Madras heard a batch of writ petitions filed by the District Authorities of RSS seeking to grant permission to conduct the route march on 02-09-2022 to commemorate the birth anniversary of Mahatma Gandhi and RSS. The bench comprising Hon’ble Justice G.K.Ilanthiraiyan heard the petitioners today at length

[9/22, 21:15] Sekarreporter1: https://twitter.com/sekarreporter1/status/1572975296747544579?t=VxY1BoX39nbyXwmn4vhv6A&s=08
[9/22, 21:15] Sekarreporter1: [9/22, 20:59] Sekarreporter1: Today the Hon’ble High Court of Madras heard a batch of writ
petitions filed by the District Authorities of RSS seeking to grant
permission to conduct the route march on 02-09-2022 to
commemorate the birth anniversary of Mahatma Gandhi and
RSS. The bench comprising Hon’ble Justice G.K.Ilanthiraiyan
heard the petitioners today at length. The members of RSS were
represented by Learned Senior Counsel Mr.S.Prabakaran.
Learned Senior Counsel Mr.G.Rajagopal and Learned Senior
Counsel Mr.N.L.Raja and the State was represented by Learned
State Public Prosecutor Mr.Mohammed Jinnah. Learned State
Public Prosecutor at the outset submitted to the Court that the
representation given by the Petitioners were not in accordance
with law and that the route for the march past was not specified
in those representation. Hence Learned State Public Prosecutor
sought adjournment in the matter and requested the court to
direct the Petitioners to file a new representation with route
specified in the same. However, countering this particular
submission Learned Senior Counsel Mr.S.Prabakaran appearing
on behalf of the Petitioners submitted that all the
representations submitted to the concerned authorities are
clearly presented with the routes and hence submitted that the
Government cannot refuse or seek adjournment citing the
aforesaid reason and prayed the court to hear the matter on
merits. The court considering the preliminary submissions
agreed to hear the matter on its merits. The Learned Senior Counsel Mr.S.Prabakaran appearing on behalf of the Petitioners
vehemently contented that the State Represented by its law enforcing agency cannot keep the representations in cold storage
for a long period of time as the same was presented month’s ago.
Learned Senior counsel relying upon Section 41 and 41A of
Chennai City Police Act submitted to the court that as per
Section 41 (4) these representations cannot be unanswered for
a long period of time even though there is no specific period of
time to consider these representations. It was further submitted
by the Learned Senior counsel that the police officers who are
the concerned authorities cannot prohibit the procession and
they can only regulate the same under the provisions of Sections
41 and 41A of the Act. It was further submitted by the Learned
Senior counsel that the State cannot invoke the provision 41-A
of the act as the same would not bind the present procession
and public meeting. It was further submitted by the Learned
Senior counsel that it is the fundamental right of every citizen to
peacefully assemble and express their opinions on any public
important matter as per Article 19 (1) (a) and (b) of the
Constitution of India. To buttress his submissions the Learned
Senior Counsel relied upon the Judgements passed by the
Hon’ble Supreme Court and the Hon’ble High Court.
Learned Senior Counsel Mr.G.Rajagopalan appearing on behalf
of the Petitioners submitted that the RSS being a renowned
association which is in existence from 1925 cannot be easily denied permission. It was further submitted by the Learned
Senior Counsel that these petitioners were granted permission
on several previous occasion in all the States, however they are
being denied permission only in the State of Tamil Nadu.
The Learned Senior Counsel Mr.N.L.Raja appearing for one
of the Petitioner submitted to the Court that the law in this
matter is clear on basis of different judgements and precedents
set by this court as well as Hon’ble Apex Court and hence
submitted that this Court by way of this Judgement must fix a
time period for considering these type of representation for
conducting parades or procession.
Rebutting these submission, the State Public Prosecutor
relying on the judgement of Hon’ble Division Bench of Madras
High Court submitted that the grant of permission cannot be
easily given without proper restrictions and submitted to the
Court that the State has power to impose reasonable
restrictions.
Learned Senior Counsel Mr.S.Prabakaran rebutting to the
same submitted that grant of permission is the rule and refusal
is the exception as per Section 41 and 41A of the Act and
submitted that they would abide the restrictions imposed by the
Hon’ble Court.
Agreeing to the submissions of the Learned Senior Counsels
and the parties concerned the Hon’ble High Court allowed all the writ petitions with imposing reasonable restrictions and the
Hon’ble court made it clear that a detailed order will be passed
in this matter.
[9/22, 21:00] Sekarreporter1: 🌹

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