Dinesh Gandhi v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.15904 of 2019 Dinesh Gandhi

...Petitioner

Vs.

The State represented by Inspector of Police, Nemily Police Station, Vellore District.

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to set aside the proceedings passed by the respondent Police on 17.06.2019 and to quash the same and consequently direct the respondent police to grant permission and to provide police protection to conduct Kabaddi Match which is scheduled to be held on 22.06.2019 and 23.06.2019. For Petitioner : Mr.C.Prabakaran For Respondent : Mr.M.Mohamed Riyaz Addl. Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the proceedings passed by the respondent Police on 17.06.2019 and directing the respondent Police to grant permission for conducting Kabaddi Match, scheduled to be held on 22.06.2019 and 23.06.2019.

2. Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. The learned Additional Public Prosecutor appearing for the respondent submits that the Police does not have any reservations on the place, where the tournament is to be conducted. However, there is an apprehension that some law and order problem may arise during the tournament.

4. The respondent Police are directed to grant permission for conducting the Kabadi tournament, by enclosing the following conditions:

i) The petitioner and other participants shall not shout, raise any slogan for or against any party or party leader, any caste, community or creed;

ii) The petitioner shall ensure that no untoward incident is caused disturbing the public peace and tranquillity;

iii) The petitioner shall ensure proper first aid arrangements by keeping one or two doctors in the venue;

iv) The participants of "Kabadi" tournament shall not wear any form of dress showing offending slogans or picture of any communal/political leader which may cause disturbance;

v) Songs praising communal leader or having communal overtones should not be played;

vi) The petitioner will ensure that no flex board or hoardings depicting particular community or leader will be displayed;

vii) There should not be any Flex Boards representing any community or political leaders; viii) If there is any 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;

ix) Similarly, the Police is empowered to stop the Kabadi tournament, if it exceeds beyond the permitted time;

x) the participants of the tournament shall not intake any kind of toxic substance or liquor during the tournament;

xi) If there is any untoward incident took place, the village people and the organizers of the tournament be made responsible for the same;

xii) The Refree must be authorized person from the District Association; and xiii) The respondent Police is at liberty to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquillity, so as to maintain law and order and communal harmony.

5. The petitioner is also directed to ensure that the conditions are strictly compiled with and also to ensure that no law and order problem is created in the course of conducting the tournament.

6. The Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kal To The Inspector of Police, Nemily Police Station, Vellore District.

Copy To:

The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Prabakaran, Advocate, S.R.No.51246 CRL.O.P.No.15904 of 2019 VG I(CO) RRS(21/06/2019)