A DALIT MANIVANNAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner seeking to challenge an order of the first respondent, i.e., Inspector of Police, Sooramangalam Police Station, Salem, dated 6.6.2012 and after setting aside the same, seeks for a direction to the respondents to permit the petitioner and his Thai Man Makkal Iyakkam to conduct demonstration in front of the Sona College of Technology, Salem in a peaceful manner on the day that may be fixed by this court.

(2.) WHEN the matter came up on 27.07.2012, this court ordered notice on admission and directed the learned Special Government Pleader to get instructions from the respondents. Accordingly, when the matter came up today, the learned Special Government Pleader produced a written instruction submitted by the first respondent, dated 28.7.2012.

(3.) IT is rather unfortunate that the first respondent has taken the law into his own hand by denying permission. First of all, for regulating any meeting or procession in the Corporation area, the provisions of the City Police Act will apply. Unless there is promulgation of Section 41 of the Act, the power to regulate such meeting and demonstration will not be available even to the second respondent Commissioner of Police. It is not stated in the instruction that there is promulgation of Section 41 is in force in Salem city or in the area where demonstration is to be conducted. In the absence of ay such promulgation, the question of denying permission to conduct demonstration will not arise. It is not as if the petitioner's conducting demonstration on the issue is not relevant. The question of fleecing students by the self financing colleges has been widely noticed all over the State. Assuming that there was no basis in the allegation made by the petitioner, that is not a ground to deny permission for conducting demonstration as the right to conduct demonstration is subject to restrictions, which is very much available under Article 19(1)(a) of the Constitution.