K. THIAGARAJAN @ THOZHAR THAIGU Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Whether organising an indefinite fast would amount to an unconstitutional Act forbidden by law is the core issue that arises for consideration in this writ petition, in view of the stand taken by the Commissioner of Police, Chennai that threat of going on a hunger strike is punishable under law and as such it cannot be permitted.

(2.) The petitioner is stated to be the office bearer of Thamizh Thesiaya Viduthalai Iyakkam, a social organisation, deeply involved in exposing the cause of Tamil language, tradition and culture.

(3.) According to the petitioner, the organisation has taken a decision to organise indefinite fast at Marina from 1 October 2013 onwards. The petitioner pursuant to the said resolution submitted an application on 5 September 2013 requesting the Commissioner of Police, to grant permission. The Commissioner of Police rejected the request on the ground that indefinite fast is illegal and the proposal would create law and order problem at Marina. The said order dated 19 September 2013 is challenged in this writ petition.