G PAVENDHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner, who is a practicing Advocate and claiming to be the Organizer for the campaign against the murder of Satish Kumar, S/o.R.Sankarasubbu, an Advocate in Chennai. In this writ petition, they have sought for a direction to consider their representation dated 5.6.2012 given to the second respondent Commissioner of Police.

(2.) BY the representation dated 5.6.2012, the petitioner's campaign group wanted to conduct a protest rally on 13.6.2012 at 11.00 A.M. starting from Mandro Statue and ending in the Chepauk State Guest House via Anna Salai, Walaja Road. The handbill which was circulated informed the intention of the campaign group to organize the rally to protest against the functioning of the CBI over the investigation in respect of the murder of Satish Kumar, S/o.R.Sankarasubbu due to the conspiracy of the State Police and also to bring to light the real truth behind the murder, they have organized the rally of Advocates, Farmers, Workers, Students, Intellectuals and humanists. The demand is to condemn the C.B.I in attempting to close the enquiry and also to arrest the Inspector of Police Sureshbabu, who attempted to hide the murder. The demand for the State Government was for the removal of Sureshbabu from the police force and to demand the Commissioner of Police not to protect Sureshbabu who was connected with the murder of Satishkumar.

(3.) IT must be noted that under the City Police Act, more particularly under Section 41, the police have right to regulate processions and demonstrations, etc. But nowhere in the affidavit filed it was stated that the police have imposed a regulatory order under Section 41 of the Act on the route sought for by the petitioner. On the other hand, it is not as if the present route sought for by the petitioner was never granted in the past for taking over procession. Further time by which procession is to start, already the offices will be functioning and it is long after the colleges and schools to start their work. Further half the distance in the route has hardly there is any human activity as both sides are abutted by the island grounds.