LAWS(MAD)-2019-1-163

I TAMILMARAN @ REGAN Vs. INSPECTOR OF POLICE

Decided On January 24, 2019
I Tamilmaran @ Regan Appellant
V/S
INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) This writ petition has been filed challenging the order passed by the respondent, denying permission to the petitioner to conduct a Blood Donation Camp to mark the birth anniversary of LTTE leader Velupillai Prabhaharan.

(2.) The petitioner is the District Secretary of a political party. This party wanted to celebrate the Birth anniversary of Mr.Prabhaharan, by conducting Public Meetings and by organizing Blood Donation Camp. The petitioner made an application on 12.11.2018, requesting the respondent to grant permission to conduct the Blood Donation Camp. The said application was rejected by the respondent by means of the impugned order dated 24.11.2018. Aggrieved by the same, the present writ petition has been filed.

(3.) The learned counsel for the petitioner submitted that the respondent Police has rejected the permission primarily on the ground that Section 30(2) of the Police Act [Police Act - hereinafter referred as "the Act"] is in force and the camp is conducted in the name of Prabhaharan who was the leader of LTTE, which is a banned organization. The learned counsel submitted that Section 30 of the Act is merely regulatory in nature, and the same cannot be used to make a blanket ban of all meetings and to conduct Blood Donation Camps. The learned counsel further submitted that merely supporting or propagating a banned organization is not an unlawful Act, and therefore, that cannot be stated as a ground for the rejection of the permission, by the respondent Police.