S.K.Saamy v. The State Of Tamil Nadu Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 18.09.2019
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH CRL.O.P.NO.24824 OF 2019 Dr.S.K.Saamy .. Petitioner Vs
1. The State of Tamil Nadu, Represented by the Commissioner of Police, Chennai City Police, Vepery, Chennai.
2. Inspector of Police, D-5, Marina Police Station, Chennai - 600 004.
.. Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to set aside the respondent order dated 10.09.2009 vide No.924/tha.bee.2/2018 and to direct them to grant permission to conduct Human Rally named Justice for the Hon'ble Chief Justice, Madras High Court fourth coming date on 13.09.2019 at 12.00 p.m. That this petitioner assured before this Hon'ble Court is ready to abide any conditions and directions lay down by the respondent to conduct peaceful Human Rally.
For Petitioner : Mr.Dr.S.K.Saamy (Party in person) For Respondents : Mr.A.Natarajan State Public Prosecutor Assisted by Mr.M.Mohamed Muzammil Government Advocate (Crl.Side)
O R D E R
The petitioner herein claims to be the Organizer of a registered Judicial Reformation Movement. It is their wish to conduct the human rally seeking justice for the Hon'ble Chief Justice of this Court. The human rally is supposed to be conducted on 30.09.2019 on 12.00 p.m., commencing from Mahatma
Gandhi statue on Rajajai Salai till Dr.Ambedkar Memorial Hall. Their request came to be rejected by the respondent herein on 10.09.2019, by stating that a rally would cause inconvenience to the traffic as well as the public, which order is under challenge in the present criminal original petition.
2. Today, when the matter is called, the learned Pubic Prosecutor appearing for the State/respondents on instruction submitted that they do not have objection for conducting the human rally, subject to the condition that the rally should be conducted after 30.09.2019 and at the place earmarked by the police.
3. According to the learned Public Prosecutor appearing for the State/respondents, the permissible place for conduct of such human rally would be Langs Garden road at Egmore. The petitioner expressed his willingness to peacefully conduct the human rally at Lengs Garden Road at Egmore.
4. In view of the submission made, it would be appropriate to permit the petitioner to approach the first respondent herein seeking for the necessary permission for conducting of the human rally. In the light of the above observations, the order dated 10.09.2019 passed by the respondent herein is set aside. Consequently, petitioner herein is granted the liberty to approach the first respondent herein seeking for necessary permission and on such representation, the first respondent shall consider the same in the light of the observations made in the orders and pass appropriate orders preferably within a period of two days from the date of receipt of such representation.
5. Accordingly, this petition is disposed of with the above observation.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar dua To
1. The Commissioner of Police, Chennai City Police, Vepery, Chennai.
2. Inspector of Police, D-5, Marina Police Station, Chennai - 600 004.
Copy To The Registrar General, High Court, Madras-104.
+1cc to Mr.Dr.S.K.Saamy, Advocate, S.R.No.80370 +1cc to The Public Prosecutor, High Court, Madras, sr.80658 CRL.OP.No.24824 of 2019 RJI(CO) CS/23/09/2019