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Justice Venkatesh said that leaders like the Prime Minister have been chosen by the people and hence, they should not be stopped from meeting the people who elected them citing hindrance to the general public as a reason
The Madras High Court on March 15, gave the green light for a 4-kilometer-long road show during Prime Minister Narendra Modi's upcoming visit to Coimbatore on March 18th.
The bench of Justice N Anand Venkatesh passed the order on the plea moved by J.Ramesh Kumar, BJP District President, Coimbatore.
On March 14, Kumar sought permission from Assistant Commissioner R.S. Puram Range, Coimbatore, for a roadshow stating the PM Modi wants meet the people. Purpose of the roadshow is also to sensitize the public regarding the various welfare measures and schemes provided by the office of the Prime Minister. However, the permission was denied due to concerns about disrupting public mobility and potentially affecting 10th and 12th-grade exams. Additionally, the proposed site's sensitivity and challenges in providing security for the Prime Minister were cited as reasons for rejection.
Justice Venkatesh said that the meeting organized for any political leader to interact with the people and more particularly for those who are holding the position of the Prime Minister or the Chief Minister, is certainly going to cause some hindrance to the free movement of the general public.
"However, that cannot be a ground to deny permission and the Police will have to find alternative routes to ensure smooth movement of the general public and vehicles," he stressed.
Regarding the respondent authorities' argument that no permission had ever been granted for a road show before, Justice Venkatesh dismissed it calling it "baseless".
"On many occasions, permission has been granted for Road Show for political leaders to meet the people. Therefore, this cannot be a ground for rejecting the permission," he noted.
Further, the judge emphasised that these leaders have been chosen by the people and hence, they should not be stopped from meeting the people who elected them.
He said that the hindrance to the general public due to the visit of the Hon'ble Prime Minister is unavoidable but that cannot be raised as a ground to deny permission.
Furthermore, regarding the concerns over the sensitivity of the place and the PM's security, Justice Venkatesh pointed out that the Prime Minister is provided with SPG cover at all times and they generally take over the security arrangements.
"While undertaking this process, the Police belonging to the State will co-ordinate with the SPG and there is no reason to deny the permission only on the ground that the place is communally sensitive," he held.
Consequently, Justice Venkatesh set aside the impugned order passed by the Assistant Commissioner and ordered him to grant the permission and necessary Police protection by imposing reasonable conditions to the BJP roadshow.
"One such condition shall be that no flex boards will be allowed to be erected by the organizers during the event," the judge underscored.
Case Title: J. Ramesh Kumar v. The Commissioner of Police, Coimbatore and Another
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