SRIVILLIPUTHUR BAR ASSOCIATION Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner in this writ petition is Srivilliputhur Bar Association represented by its Secretary.

(2.) IN this writ petition, the petitioner challenges the order passed by the fifth respondent namely the Inspector of Police, Krishnankovil Police Station, in charge of Srivilliputhur Town Police Station, Srivilliputhur, dated 14.08.2012.

(3.) THE fifth respondent held that the power has been conferred on him by the Deputy Superintendent of Police, Srivilliputhur Sub Division, under Section 42-A of the Police Act, 1861 and in the light of the law and order problem and also the communal situation prevailing, if any processions, meetings or struggles are conducted, it may affect the law and order. Therefore, from 12.08.2012 to 26.08.2012, a promulgation has been done under Section 42-A of the said Act. Hence, the processions and meetings are banned. The request made by the Association was denied. In support of his stand, he also enclosed the proceedings issued by the Deputy Superintendent of Police, Srivilliputhur dated 12.08.2012. In that proceedings, by exercise of power under Section 42-A of the Police Act, 1861, the authority had banned any meeting or procession within the area comprising Srivilliputhur Sub Division and the persons who are intending for conducting any procession or meeting, should make appropriate application.