APPARU RANGASAMY Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) The member of State Core Committee, National Campaign to save Bahujan Movement, has filed this writ petition, seeking to quash the order of the 3rd respondent dated 10.12.2013 with a consequential direction to the respondents to allow the petitioner for Cycle Rally starting from Erode District on 15th December, 2013 till the border of the District.

(2.) According to the petitioner, he is a member of State Core Committee, National Campaign to save Bahujan Movement, which is a democratic movement, aiming at political freedom and social welfare of SC/ST and Backward communities in the national level. Apart from this, the movement has also been creating awareness in the State of Tamil Nadu with respect to their social and political forefronts. The founder of the Bahujan Samaj Party Shri.Kansiram in the year 1982 conducted a cycle rally to create such social awareness for the upliftment of downtrodden. Likewise the said Movement also decided to conduct a 900 Kms long Cycle Rally to capture political power with self respect in a peaceful manner.

(3.) The impugned order is challenged on the following grounds: i)that the impugned order of the 3rd respondent is illegal and unsustainable both on law and facts; ii)that the 1st reason stated in the impugned order that there exists promulgation under Section 30(2) of Police Act, is unacceptable, as held by the Hon'ble Apex Court in 2012 (2) LW (Crl) 509; iii)that the fundamental rights of the citizens under Article 19 of the Constitution of India cannot be denied on the ground that the route for the cycle rally is crowded with public and traffic; iv)that the apprehension of the respondent that there is a possibility of creating law and order problem, is totally wrong and based on presumption. The 3rd respondent has failed to note that the object of the rally is for larger interest of the society and the freedom of expression is also legitimate and constitutionally protected.