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Synopsis

The Madras High Court recently observed that if a District Administration decides that there should not be any congregation of persons in the name of protest or meeting in an area then it should be a uniform decision applicable to everyone.

The bench of Justice G Jayachandran was dealing with a writ petition filed by the MLA from Veerapandi Constituency in Salem District M.Rajamuthu. 

The writ petition sought direction to quash an order passed by Assistant Commissioner of Police, Anathanapati Saragam, Salem Town Saragam denying permission to the MLA to hold a protest in front of the Collectorate Office Salem on September 29, 2023. 

The petitioner also sought permission to hold the protest at the said place. 

The court was apprised that on one hand, the petitioner's request for the protest had been rejected by the District Administration citing traffic issues and disturbance to the public, but at the very same place, the members of the ruling party had conducted a meeting.

Therefore, the petitioner alleging bias, came before the high court seeking permission to conduct a hunger strike in the place, where the ruling party had conducted a hunger strike.

The government counsel submitted that although the ruling party was permitted to conduct a hunger strike near the Collectorate entrance, but only after that, the administration realised that it caused hindrance to the general public, particularly ambulance and patients going to the Head Quarters Medical College. Therefore, it had decided not to permit any meeting or gathering near the Collectorate Office, Salem.

He further informed the court that ubsequently when Iyarkai Vivasayigal Sangam sought permission for conducting meeting in the said place, the same was also rejected.

"If the District Administration has learnt a lesson and realised that there should not be any congregation of persons in the name of protest or meeting near the Salem Collectorate, it should be an uniform decision. It cannot be selective or pick and choose," said the single judge bench. 

Court, therefore, ordered that there shall be a restraint order to the District Collector, Salem that henceforth no public meeting or gathering near District Collectorate be permitted which hinder the free flow of traffic leading to the Government Hospital.

As far as the present petition was concerned, court directed that if any application is made for conducting hunger strike near Kottai ground, the same may be positively considered.

"This order of restrain from permitting any party or organisation to gather near the Collectorate Office, Salem in the name of any protest or meeting is to be scrupulously followed by the District Collector and the Superintendent of Police, Salem, if any violation is brought to notice of this Court, it shall be deemed to be a contempt and appropriate action will be taken in this regard", court clarified. 

Case Title: M.Rajamuthu, MLA v. The Commissioner of Police, No.5, Rajaji Kalai Mandaram and Another