1 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12[CASE NUMBER]04[CASE NUMBER]2019 CORAM: THE HONOURABLE MR[CASE NUMBER]JUSTICE [ENTITY] and THE HONOURABLE MR[CASE NUMBER]JUSTICE [ENTITY] [CASE NUMBER] [ENTITY] Petitioner Vs[CASE NUMBER] 1[CASE NUMBER] The [ENTITY][CASE NUMBER] 2[CASE NUMBER] The [ENTITY][CASE NUMBER] 3[CASE NUMBER] The [ENTITY][CASE NUMBER] Respondents Prayer: Writ Petition is filed under Article 226 of the [ACT], issuance of a Writ of Certiorarified Mandamus, calling for the records in the order bearing No[CASE NUMBER][CASE NUMBER][CASE NUMBER] dated 10[CASE NUMBER]04[CASE NUMBER]2019 passed by the respondent no[CASE NUMBER]1 and quashing the same, and directing the respondents to permit the petitioner to hold a public meeting between 5 PM and 10 PM on 14 April 2019 near Perarignar Anna Statue at Ariyalur for the purposes mentioned in the said representation of the petitioner dated 29[CASE NUMBER]03[CASE NUMBER]2019[CASE NUMBER] For Petitioner : Mr[CASE NUMBER][ENTITY] for Ms[CASE NUMBER][ENTITY] For Respondents : Mr[CASE NUMBER][ENTITY] http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in 2 ORDER
(Order of this Court was made by [ENTITY], J[CASE NUMBER]) Mr[CASE NUMBER][ENTITY], petitioner / President of a political party viz[CASE NUMBER], '[ENTITY]' and an Advocate, has proposed to organize a public meeting at Ariyalur District on 14[CASE NUMBER]04[CASE NUMBER]2019, Tamil New Year Day, to propagate Tamil Language and Tamil Culture[CASE NUMBER] He made a representation on 07[CASE NUMBER]03[CASE NUMBER]2019 to the [ENTITY], the 3rd respondent[CASE NUMBER]
2[CASE NUMBER] [ENTITY], the 3rd respondent, returned the petitioner's representation on 19[CASE NUMBER]03[CASE NUMBER]2019, informing that the petitioner should approach the Election Officer & Revenue Divisional Officer, Ariyalur District, Ariyalur, 1st respondent[CASE NUMBER] Again he made a representation to 1st respondent for holding a public meeting between 5[CASE NUMBER]00PM and 10[CASE NUMBER]00PM on 14[CASE NUMBER]04[CASE NUMBER]2019 near Perarignar Anna Statue, Ariyalur[CASE NUMBER] Said petition has been rejected by the impugned order dated 10[CASE NUMBER]04[CASE NUMBER]2019[CASE NUMBER] Being aggrieved, petitioner has filed the instant writ petition for a certiorarified mandamus, to call for the records in the order bearing No[CASE NUMBER][CASE NUMBER][CASE NUMBER] dated 10[CASE NUMBER]04[CASE NUMBER]2019 passed by the respondent no[CASE NUMBER]1 and to quash the same, and consequently to direct the respondents to permit him to hold a public meeting between 5 PM and 10 PM on 14 April 2019 near Perarignar Anna Statue, Ariyalur[CASE NUMBER]
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3[CASE NUMBER] On the above averments, Mr[CASE NUMBER][ENTITY], learned counsel for the petitioner submitted that the two reasons assigned are usual reasons[CASE NUMBER] He further submitted that 1st respondent should be an Astrologer to predict as to what the petitioner and his party would address in the public meeting on 14[CASE NUMBER]04[CASE NUMBER]2019, scheduled to propagate Tamil Language and Culture[CASE NUMBER] According to him, such a meeting is intended only to distribute books to the children[CASE NUMBER]
4[CASE NUMBER] Learned counsel for the petitioner further submitted that when [ACT] is in force, if the petitioner or any of the members of the political party, to which he belongs, makes any statement, contrary to the integrity and sovereignty of the nation, then arrest can be made and there cannot be any total ban on the freedom of speech and expression, guaranteed under [SECTION] of the [ACT][CASE NUMBER] It is also his contention that on the previous occasions, meetings have been permitted by the competent authorities[CASE NUMBER] Inspector of Police, Ariyalur Police Station, Ariyalur, the 3rd respondent is not an authority to curb the fundamental rights of writ petitioner and the members of the political party, to which he belongs[CASE NUMBER]
5[CASE NUMBER] Mr[CASE NUMBER][ENTITY], learned counsel for the respondents made serious objection to the prayer sought for[CASE NUMBER]
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6[CASE NUMBER] Heard the learned counsel for the parties and perused the materials available on record[CASE NUMBER]
7[CASE NUMBER] Order impugned dated 10[CASE NUMBER]04[CASE NUMBER]2019 passed by the Chief Assistant Election Officer, 27 Chidambaram Parliamentary and the Revenue Divisional Officer, Ariyalur, reads thus [CASE NUMBER][CASE NUMBER] Dated: 10[CASE NUMBER]04[CASE NUMBER]2019 Sub: Public Meeting - Chennai-Mr[CASE NUMBER][ENTITY], Leader, [ENTITY] Petition for permission to hold the said public meeting between 5 PM and 10 PM on 14[CASE NUMBER]4[CASE NUMBER]209, Sunday, near Perarignar Anna Statue at Ariyalur - Reg[CASE NUMBER] Ref: 1[CASE NUMBER] Petition dated 8[CASE NUMBER]3[CASE NUMBER]2019 from Mr[CASE NUMBER][ENTITY], President, Thamildeasa Makkal [CASE NUMBER]tchi, Chennai[CASE NUMBER]
2[CASE NUMBER] Letter [CASE NUMBER]No[CASE NUMBER]226/[CASE NUMBER][CASE NUMBER]Thu[CASE NUMBER][CASE NUMBER][CASE NUMBER](a)/2019 of Deputy Superintendent of Police, Ariyalur dated 10[CASE NUMBER]04[CASE NUMBER]2019[CASE NUMBER] Order:
As per the reference No[CASE NUMBER]1 Mr[CASE NUMBER][ENTITY] gave a request for permission for Save Tamil Language and Tamil Culture to hold the said public meeting between 5 PM and 10 PM on 14[CASE NUMBER]4[CASE NUMBER]2019 Sunday, near Perarignar Anna Statue at Ariyalur[CASE NUMBER]
As per the reference letter No[CASE NUMBER]2 the petitioner's political party given the representation on the account of the day of [ENTITY]'s Birthday and to try the campaign for the baned organization of Tamil Nadu Liberation Army[CASE NUMBER]
The Inspector of Police, Ariyalur Police seized a calendar which was published by [ENTITY] from the Tamil [CASE NUMBER]lam Book Stall, Ariyalur and filed a case in [CASE NUMBER] u/[SECTION] & [SECTION] [ACT] @ 153-A(1)(a)(b) r/2 34 and [SECTION][ACT] dated 21[CASE NUMBER]12[CASE NUMBER]2018[CASE NUMBER] He was cited as 2nd accused in this case[CASE NUMBER] The petitioner's political party namely http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in [ENTITY] given the representation to try the campaign secretly for the banned organisation of Tamil Nadu Liberation Army (TNLA) and Tamil National Retrieval Troops (TNR)[CASE NUMBER]
The abovesaid organization was banned by the Government because it claim separate Tamil Nadu[CASE NUMBER] They have spread the ideology to People The Deputy Superintendent of Police and Inspector of Police given lattes that if permission given, law and order problem and National Security problem will arise[CASE NUMBER] Therefore, they refused to give permission[CASE NUMBER]
Therefore, reference No[CASE NUMBER]2 as per the recommendation of the Deputy Superintendent of Police has refused your request based on the reference the petitioner request that the public meeting dated 14[CASE NUMBER]4[CASE NUMBER]2019 near Perarignar Anna Statue at Ariyalur, permission was ordered as rejected[CASE NUMBER]
The Chief Assistant Election Officer 27 Chidambaram Parliamentary and the Revenue Divisional Officer, Ariyalur[CASE NUMBER]
8[CASE NUMBER] Perusal of the order dated 10[CASE NUMBER]04[CASE NUMBER]2019 shows that petition dated 08[CASE NUMBER]03[CASE NUMBER]2019 of Mr[CASE NUMBER][ENTITY], President of [ENTITY], has been considered[CASE NUMBER] Inspector of Police, Ariyalur Police Station appears to have seized a calendar which was published by [ENTITY] from the Tamil [CASE NUMBER]lam Book Stall, Ariyalur and filed a case in [CASE NUMBER] u/[SECTION] & [SECTION] [ACT] @ 153-A(1)(a)(b) r/2 34 and [SECTION][ACT] dated 21[CASE NUMBER]12[CASE NUMBER]2018[CASE NUMBER]
Petitioner has been cited as Accused No[CASE NUMBER]2[CASE NUMBER]
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9[CASE NUMBER] The Chief Assistant Election Officer, 27 Chidambaram Parliamentary and the Revenue Divisional Officer, Ariyalur, 1st respondent has been apprised of the fact that [ENTITY], has proposed to campaign for organisations viz[CASE NUMBER], Tamil Nadu Liberation Army (TNLA) and Tamil National Retrieval Troops (TNR), which are banned by the Government under the [ACT]
10[CASE NUMBER] That apart, Deputy Superintendent and Inspector of Police, have given letters that if permission is given, then law and order and national security problem, will arise[CASE NUMBER] Acting on the inputs given by the law enforcing agency, Chief Assistant Election Officer, 27 Chidambaram Parliamentary and the Revenue Divisional Officer, Ariyalur, 1st respondent has taken a decision, not to grant permission to the petitioner and his party to hold a public meeting on 14[CASE NUMBER]04[CASE NUMBER]2019 near Perarignar Anna Statue, Ariyalur[CASE NUMBER]
11[CASE NUMBER] On the aspect as to whether, law enforcing agency has to be given a latitude in the matter of conducting public meeting, maintenance of law and order, we deem it fit to consider a decision of the Hon'ble Division Bench of this Court in [ENTITY][CASE NUMBER][PRECEDENT], wherein it is held as follows:
http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in " 9[CASE NUMBER] Under our [ACT], the Legislature, the Executive and the Judiciary have there own broad spheres of operation[CASE NUMBER] Ordinarily, it is not proper for one of these three organs of the State to encroach upon the domain of another, otherwise the delicate balance in the [ACT] will be upset and there will be a reaction[CASE NUMBER]
10[CASE NUMBER] Maintenance of law and order is ordinarily an executive function and it is ordinarily not proper for the judiciary to interfere in this matter[CASE NUMBER] The administrative authorities have expertise in law and order problems through their long experience and training, and the Courts should not ordinarily interfere in such type of matters[CASE NUMBER] The judiciary must therefore exercise self-restraint and not try to interfere with the functions of the executive or the legislature[CASE NUMBER] By exercising self-restraint it only enhances its prestige[CASE NUMBER]
11[CASE NUMBER] This court should not ordinarily interfere in administrative matters, since the administrative authorities are specialists in matters relating to the administration[CASE NUMBER] The Court does not have the expertise in such matters, and ordinarily should leave such matters to the discretion of the administrative authorities[CASE NUMBER] It is only in rare and exceptional cases, where the Wednesbury principle applies, that the Court should interfere, vide [PRECEDENT]; [PRECEDENT], etc[CASE NUMBER]
26[CASE NUMBER] The expression public order was added in [SECTION] by the [ACT], in order to meet the situation arising from the Supreme Court decision in [PRECEDENT][CASE NUMBER] After this amendment reasonable restrictions from the point of view of public order can be placed on the right to freedom of speech and expression and to assemble peaceably[CASE NUMBER]
The term 'public order' is synonymous with the public peace, safety and tranquility, vide [PRECEDENT], [PRECEDENT], etc[CASE NUMBER]
27[CASE NUMBER] It is thus evident that the right to freedom of speech and expression and to assemble peaceably without arms is subject to http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in reasonable restrictions from the point of view of Public Order[CASE NUMBER]
28[CASE NUMBER] The question arises, who is to determine the matter relating to Public Order? The answer is given in [SECTION] to the [ACT], which states that public order is a matter within the jurisdiction of the State[CASE NUMBER] [SECTION] of the [ACT] states:
"Subject to the provisions of this [ACT], the executive power of a State shall extend to the matters with respect to which the legislature of the State has power to make laws:
Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by this [ACT] or by any law made by Parliament upon the Union or authorities thereof[CASE NUMBER]"
29[CASE NUMBER] It is thus evident that public order is a matter within the domain of the State Legislature and the State Executive[CASE NUMBER] That being so, it is not proper for the Judiciary to interfere in matters relating to public order, unless there is violation of some constitutional or statutory provision[CASE NUMBER] There are various considerations for the administration in this matter and the Court should not ordinarily interfere with administrative decisions in this connection[CASE NUMBER] It must be remembered that certain matters are by their very nature such as had better be left to the experts in the field instead of the courts themselves seeking to substitute their own views and perceptions as to what is the best way to deal with the situation[CASE NUMBER] In the present case, this Court should not interfere in a matter which relates to the administration, which is in the best position to know about the public order[CASE NUMBER] What public order problem would arise if speeches are permitted or prohibited in connection with the arrest of [ENTITY] and other incidental matters? How should the problem be tackled? It is the administration that best knows these problems and their solution[CASE NUMBER] This Court should therefore exercise self-restraint and should n ot embarrass the administrative authorities in this connection[CASE NUMBER]
43[CASE NUMBER] Having laid down the broad principles, we may now come to http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in the facts of the present case[CASE NUMBER] The order dated 15[CASE NUMBER]11[CASE NUMBER]2004 by the Deputy Superintendent of Police, Mannargudi has already been quoted above in this judgment[CASE NUMBER] The said order has denied permission for holding a public meeting as prayed for by the appellant[CASE NUMBER] Against that order the appellant filed a writ petition before this Court, which has been disposed off by the learned single Judge by his order dated 23[CASE NUMBER]11[CASE NUMBER]2004[CASE NUMBER] In the impugned order, the learned single Judge permitted the appellant to approach the competent executive authority for seeking permission to hold a public meeting, as prayed for, and directed the said authority to pass appropriate orders within three days of the receipt of the application, provided the appellant-[ENTITY] did not create any law and order problem in the locality, nor affect the public peace and tranquility[CASE NUMBER] To this extent the directions of the learned single Judge are unexceptionable[CASE NUMBER] However, in our opinion, the further direction of the learned single Judge in paragraph-10 of his order that the appellant should not speak about the arrest of the [ENTITY] in the alleged murder case, nor justify the same, nor speak with reference to the investigation connected therewith, were uncalled for and unnecessary[CASE NUMBER] The learned single Judge should have left it entirely to the administrative authorities to decide in their discretion and on the facts of the case, whether speaking about the arrest of the [ENTITY] or justifying the same or speaking with reference to the investigation connected therewith would create any law and order problem or affect the public order[CASE NUMBER] In our opinion, the entire matter should have been left at the discretion of the administrative authorities, who are best equipped to decide what would disrupt the public order or the law and order situation and what would not[CASE NUMBER] By saying that the appellant should not speak about the arrest of the [ENTITY], nor justify the same, nor speak with reference to the investigation connected therewith, the learned single Judge has in fact taken over the task of the administrative authorities, which was not within his domain[CASE NUMBER] It is entirely for the administrative authorities to decide whether speaking about the arrest of the [ENTITY] or justifying the same or speaking with reference to the investigation http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in would create any law and order or public order problem or not[CASE NUMBER]
44[CASE NUMBER] In the circumstances, we modify the direction contained in paragraph 10 of the impugned order and we leave it entirely to the discretion of the administrative authorities to decide whether permitting the appellant-[ENTITY] to hold a public meeting, as prayed for, or whether speaking about the arrest of the [ENTITY] and justifying the same, or speaking with reference to the investigation connected therewith would create a law and order or public order problem or not[CASE NUMBER] If the administrative authorities feel that it may create a law and order or public order problem, then they may prohibit such activities[CASE NUMBER]
45[CASE NUMBER] With the above observations, this writ appeal is disposed of[CASE NUMBER] No costs[CASE NUMBER] Consequently, connected W[CASE NUMBER]A[CASE NUMBER]M[CASE NUMBER]P[CASE NUMBER] is closed[CASE NUMBER]"
12[CASE NUMBER] Law enforcing agency is the competent authority to furnish details, as to whether a public meeting should be allowed to be conducted or not, more so, during elections[CASE NUMBER] In the case on hand, the information furnished is that [ENTITY], is now attempting to campaign for Tamil Nadu Liberation Army (TNLA) and Tamil National Retrieval Troops (TNR), which organizations are banned by the Government[CASE NUMBER] Such information furnished to 1st respondent cannot be ignored[CASE NUMBER]
13[CASE NUMBER] Contention of the petitioner that in the light of the provisions of [ACT] and if either the petitioner or member of the political party, to which he belongs, makes any statement, contrary to the integrity and sovereignty of the nation, then arrest could be made and therefore, permission ought not to be refused, cannot be countenanced in law http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in for the reason that the police and competent authority in the matter of maintenance of law and order, public order and Model Code of Conduct, can always take preventive measures as well[CASE NUMBER] Better to take preventive measures than to allow a person to conduct a meeting and thereafter, take penal action, as suggested[CASE NUMBER] Contention that the Inspector of Police, cannot curb the fundamental rights of the petitioner and the members of the party, to which the petitioner belongs, cannot be accepted, because, he has only furnished inputs to the 1st respondent, who has taken the decision[CASE NUMBER]
14[CASE NUMBER] In view of the above discussion and decision, action of 1st respondent in considering the recommendations of the Deputy Superintendent of Police and Inspector of Police, cannot be said to be arbitrary or erroneous and therefore, the order impugned dated 10[CASE NUMBER]04[CASE NUMBER]2019, cannot be interfered with[CASE NUMBER] We find no merits in the writ petition warranting intervention[CASE NUMBER] Writ petition is dismissed, accordingly[CASE NUMBER] No costs[CASE NUMBER]
([ENTITY], J[CASE NUMBER]) ([ENTITY], J[CASE NUMBER]) 12[CASE NUMBER]04[CASE NUMBER]2019 Index: Yes/No Internet: Yes Speaking/Non speaking ars http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in [ENTITY], J[CASE NUMBER]
AND [ENTITY], J[CASE NUMBER]
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1[CASE NUMBER] The [ENTITY][CASE NUMBER]
2[CASE NUMBER] The [ENTITY][CASE NUMBER]
3[CASE NUMBER] The [ENTITY][CASE NUMBER]
12[CASE NUMBER]04[CASE NUMBER]2019 http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in