Holding public meetings a fundamental right, says Madras high court

CHENNAI: Police can no longer reject an application seeking permission for peaceful protests or demonstrations, on the pretext of law and order issue, as Madras high court has refused to endorse such reasoning saying police department had been created only for tackling such issues.

Justice M S Ramesh, observing that fundamental right of people to organise such meetings/protests cannot be deprived of for such reasons, said, "If authorities apprehend such issues, it is always open for them to permit meetings with reasonable conditions".

The issue pertains to a plea moved by Arappor Iyakkam, assailing the order of assistant commissioner of police, Mylapore range dated October 4, refusing permission for them to organise a meeting at Mylai Mangollai, on October 8, under the topic 'Corruption in Tamil Nadu'.

Assistant commissioner V Visweswarayya said the department had reliably learnt that Arappor Iyakkam, in the guise of organising a public meeting on corruption, was trying to instigate people and create law and order problems. Taking advantage of the situation, anti-social elements may also infiltrate into the public and indulge in anti-social activities, creating ruckus, he added.

Rejecting the submissions, Justice Ramesh said, "I do not endorse the reasoning of the police for rejecting the application for the simple reason that the department has been created only for the purpose of tackling such problems. Since it is fundamental right of the petitioner to conduct such meeting, if at all, the police is of the view that they might instigate law and order problem, it was always open to them to impose reasonable conditions."

Likewise, if authorities apprehend that anti-social elements may infiltrate, adequate protection may be given during the meeting, but rejecting permission on such grounds cannot be justified, the judge said.