M.ARASUPANDI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This Writ Appeal is directed against the order dtd. 13/6/2025 made in W.P.Crl(MD)No.185 of 2025. Hindu Munnani has proposed to conduct a conference of the devotees of Lord Muruga on 22/6/2025 from 03.00 p.m to 08.00 p.m in the city of Madurai near Vandiyur Toll Plaza, Pandi Kovil Ring Road. Permission for conducting the conference had been granted by the Assistant Commissioner of Police, Anna Nagar Range, Madurai Greater City (North) vide proceedings dtd. 12/6/2025. However, it was subject to as many as 52 conditions. The organisers feel aggrieved by condition No.7. It reads as follows:

(2.) The learned Senior Counsel appearing for the appellant primarily contended that the imposition of the impugned condition is violative of the fundamental right guaranteed under Article 19(1)(d) of the Constitution of India. According to him, this condition is unreasonable and onerous. He also contended that the Assistant Commissioner, Anna Nagar Range, Madurai City lacks the jurisdiction to stipulate such a condition. He pointed out that when similar conferences far greater in magnitude were organized in Madurai City in the very recent past by the political parties, such a condition had not been stipulated. He also cited certain practical difficulties in complying with the impugned condition. He lamented that the Police authorities are making the pass-applicants run from pillar to post. The Police are said to be deliberately delaying the issuance of passes. According to him, the object of the State appears to be to put spokes in the wheels and discourage the participants from attending the conference. He called upon this Court to intervene in this matter.

(3.) Per contra, the learned Additional Advocate General submitted that the authority is very much competent to impose such a condition. According to him, the right to participate is not being denied. On the other hand, it is only being regulated to maintain law and order. He relied on Sec. 41(1) of the Madras City Police Act, 1888 in support of his contention. He called upon us to sustain the impugned condition and dismiss this Writ Appeal.