ARCOT N VEERASAMY Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) THIS is a pro bono public filed by the Secretary of Dravida Munnetra Kazhagam (D.M.K.), the main opposition in the State of Tamil Nadu.

(2.) A Mandamus is sought for forbearing the respondents i.e. the Government of Tamil Nadu, represented by its Home Secretary, the Director General of Police and the Commissioner of Police, Greater Chennai, and their subordinates from preventing the office bearers and cadres of D.M.K. party from participating in the picketing on 15.12.2003 in front of the State and Central Government offices and also from making any preventive arrests.

(3.) WE are of the considered view that picketing as proposed by the petitioner is impermissible as it will be detrimental to public interest. Likewise, picketing in front of General Hospital and also railway station is impermissible. What can be permitted by the respondents is the peaceful procession permitting the petitioner and his party cadres to express their views by slogan shouting but without indulging in any violence and the petitioner and his party cadres shall follow such regulatory methods, which the police formulate for the purpose of peaceful procession, without halting anywhere and fixing the starting point and the destination point and in such rows as may be permissible, either single row or double rows, without interrupting the normal flow of traffic. This shall be formulated by the police tonight (12.12.2003) itself and then make the petitioner know about the same in writing. In so far as preventive arrests are concerned, we direct the respondents not to make any arrests by going into the residence of anybody. However, this shall not preclude the police from exercising their power under Section 151 of Code of Criminal Procedure when there is an actual attempt to commit any cognizable offence in a public place.