Sathiyam C.Saravanan v. The Director General Of Police(Dgp)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.04.2024
CORAM
THE HON'BLE Dr.JUSTICE G.JAYACHANDRAN Sathiyam C.Saravanan ... Petitioner Vs.
1.The Director General of Police (DGP), Mylapore, Chennai-600 004.
2.The Inspector General of Police (South Zone) Reserve Line, Madurai-625 002.
3.The Commissioner of Police, Madurai City, Madurai-625 002.
... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to give police protection to the petitioner campaign Parliamentary Election 2024 for the period of 06.04.2024 to 20.04.2024. For Petitioner : Mr.D.Rajagopal For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl.Side) 1/5
ORDER
The petitioner herein who claims to be the President of "Tamil Nadu Kaalnadai Valarpor Pathukappu Sangam" claiming that he wants to campaign for a particular political party and hence he need police protection because he apprehends danger to his life. 2.
The learned counsel for the petitioner states that the petitioner is ready to pay the cost for the police protection between 06.04.2024 and 20.04.2024 for the period of 20 days. It is further stated in the affidavit that the petitioner is intended to campaign during those days in the southern regions particularly Madurai, Virudhu Nagar, Ramanathapuram districts with armed force.
3.
The learned Government Advocate (Crl.Side) states that the petitioner who claims to be the President of organization is not a registered political party and if he wants to campaign in favour of registered political party, it is always permitted to do so, subject to the Election Code of Conduct. If any such request is made for public meeting or rally or campaign that will be considered according to law. Though the 2/5
personal protection for the petitioner cannot be provided, since the petitioner does not fall under any of the parameters where police is supposed to give personal security even if ready to pay the costs. 4.
This Court finds that the submissions made by the learned Government Advocate (Crl.Side) is inconsonance with the law and procedure. The petitioner if at all wants any protection while campaign, it should emanate from the political party for which he is going to campaign. Place, date, time and mode of campaign to be informed well in advance for prior permission. If such permission is granted, it is always coupled with necessary bundobust for the campaign according to the requirement.
5.
With the above observation, this Writ Petition is disposed of No costs.
05.04.2024 rpl Note: Issue Order copy on 08.04.2024 To 1.The Director General of Police (DGP), 3/5
Mylapore, Chennai-600 004.
2.The Inspector General of Police (South Zone) Reserve Line, Madurai-625 002.
3.The Commissioner of Police, Madurai City, Madurai-625 002.
4.The Public Prosecutor, High Court of Madras, Chennai 4/5
Dr.G.JAYACHANDRAN, J.
rpl 05.04.2024 5/5