Sun Ambedkar Kabadi Club v. The Deputy Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.01.2020

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.635 of 2020 Sun Ambedkar Kabadi Club, Represented by its Secretary, M.Marudhupandi, No.1/82, Mettu Theru, Tharappakkam, Kancheepuram District.

... Petitioner Vs.

1.The Deputy Commissioner of Police, Ambattur Range, Ambattur.

2.The Assistant Commissioner of Police, SRMC Range, Porure, Chennai - 600 116.

3.The Inspector of Police, T-13, Kuntrathur Police Station, Kunrathur, Chennai District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, directing the third respondent to consider the petitioner representation dated 04.01.2020 for provide police protection and permission to conduct district level Kabbadi Tournament Schedule on 11.01.2020 A.M. to 12.01.2020 P.M. at Sun Ambedkar Kabbadi Club library Ground situated at No.1/82, Mettu Theru, Tharappakkam, Kancheepuram District.

For Petitioner : Mr.S.Vinoth For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor * * * * *

O R D E R

This petition has been filed directing the third respondent to consider the petitioner representation dated 04.01.2020 for provide police protection and permission to conduct District Level Kabbadi Tournament Schedule on 11.01.2020 A.M. to 12.01.2020 P.M. at Sun Ambedkar Kabbadi Club library Ground situated at No.1/82, Mettu Theru, Tharappakkam, Kancheepuram District.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

3.

The learned Government Advocate, on instructions, would submit that there is likelihood of arising law and order problem.

4. A mere apprehension cannot be a ground to reject the representation. There is absolutely no material before this Court to hold that there will be a law and order problem in the event of permission being granted. In such view of the matter, the petitioner is permitted to conduct District Level Kabbadi Tournament Schedule on 11.01.2020 A.M. to 12.01.2020 P.M. at Sun Ambedkar Kabbadi Club library Ground situated at No.1/82, Mettu Theru, Tharappakkam, Kancheepuram District", however with the following conditions:- (a) The tournament in connection with the event of "District Level Kabbadi Tournament Schedule on 11.01.2020 A.M. to 12.01.2020 P.M. at Sun Ambedkar Kabbadi Club library Ground situated at No.1/82, Mettu Theru, Tharappakkam, Kancheepuram District".

(b) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the 3rd respondent police towards police protection.

(c) There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.

(d) Double meaning songs should not be played so as to spoil the minds of students and youths.

(e) No dance or songs, touching upon any political party or religion or community or caste shall be played. (f) No flex boards in support of any political party or communal leader, shall be erected at the premises of the tournament.

(g) The tournament shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

(h) If there is violation of any one of the

conditions imposed, the concerned police officer is at liberty to take necessary action, as per law and stop such performance forthwith; and (i) Similarly, the police is directed to stop the Kabbadi Tournament, if it is played beyond the permitted time limit.

(j) The 3rd respondent is directed to issue necessary permission, incorporating the above conditions. 5.With the above directions, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar mfa/ah To 1.The Deputy Commissioner of Police, Ambattur Range, Ambattur.

2.The Assistant Commissioner of Police, SRMC Range, Porure, Chennai - 600 116.

3.The Inspector of Police, T-13, Kuntrathur Police Station, Kunrathur, Chennai District.

+1cc to Mr.S.Vinoth , Advocate SR.No. 2453 CRL.O.P.No.635 of 2020 A.SK(10/01/2020)