Arun v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2019
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH Crl.O.P.No.29005 of 2019 Arun
...Petitioner
Vs.
1. The Commissioner of Police Greater Chennai City Police, Vepperi, Chennai.
2. The Inspector of Police, S5 Pallavaram Station, Chennai.
...Respondents
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C praying to direct the respondents to permit the petitioner to conduct public meeting on the eve of Russia revolution day on 09.11.2019 near Pallavaram bus stand by providing necessary police protection in pursuant of the petitioner representation dated 10.10.2019.
For Petitioner : Mr.R.Gopinath For Respondents : Mr.C.Iyyapparaj Additional Public Prosecutor *****
O R D E R
Seeking permission to conduct public meeting on the event of Russian revolution day on 09.11.2019 near Pallavaram bus stand, the petitioner made a representation dated 10.10.2019 to the respondents. Since the same has not been considered, the present criminal original petition has been filed.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
3. Learned Additional Public Prosecutor, 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 Criminal Original Petition is allowed and the petitioner is permitted to conduct public meeting, however, with the following conditions:- (a) The public meeting in connection with the event of Russian revolution day, shall be conducted on 09.11.2019 between 06.00 PM and 11.00 PM.
(b) There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.
(c) Double meaning songs should not be played so as to spoil the minds of students and youths.
(d) No dance or songs, touching upon any political party or religion or community or caste shall be played. (e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.
(f) The meeting shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(g) 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 (h) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit. (i) The respondent is directed to issue necessary protection and permission, incorporating the above conditions. Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar bri
To
1. The Commissioner of Police Greater Chennai City Police, Vepperi, Chennai.
2. The Inspector of Police, S5 Pallavaram Station, Chennai.
3. The Public Prosecutor, High Court of Madras.
+1 cc to M/s.S.Jeevanantham, Advocate, S.R.No.91324 Crl.O.P.No.29005 of 2019 PPA(CO) SSM(06/11/2019)