AL-JAMIYATHUS SALAFIYA (AJS) Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This petition has been filed to issue a writ of Certiorarified Mandamus to call for the records pertaining to the impugned order dtd. 29/12/2018 in Na.Ka.No.155/Ka.Aa./Pernambut Police Circle/2018, signed on 2/1/2019 by the 3rd respondent and quash the same and consequently direct the respondents to grant permission to the petitioner Association to conduct District Conference in the name of 'Tawhid Awareness Conference' near Shath Marriage Hall and opposite to Nazeer Function Hall in V.Kotta Road at Pernambut on 6/1/2019, Sunday between 4.00 p.m., and 10.00.

(2.) Mr.P.Wilson, the learned senior counsel for the petitioner, assisted by Mr.M.Mathialagan has submitted that the petitioner is an Association registered under Societies Registration Act . He further submitted that the petitioner association is affiliated to National Tawhid Federation (NTF). He further submitted that the petitioner Association is functioning at Pernambut Town in Vellore District with an object to make awareness among the people to follow Quran and Mohammed Nabi's words to eradicate social evils. He further submitted that the petitioner is administering three Dargah viz., Mohammadhiya, Ragmania and Tawhid in pernambut Town. He further submitted that the petitioner is also running an elementary School viz., Mohammadhiya Elementary School with the recognition of Tamil Nadu Government School Eduction Department and in which around 500 students are studying. He further submitted that the Petitioner association has conducted more than 50 medical camp in association with the Government hospital. He further submitted that the petitioner association has conducted many public meetings and conferences without giving place for any law and order problems. Even in the last year i.e., on 31/12/2017, Mr.B.Jainul Abdeen, Founder of Tamilnadu Tawhid Jamadh participated in a meeting organized by the petitioner association in V.Kotta Road-Shath Marriage Hall in Pernambut Town without any problem. He further submitted that for conducting District Conference in the name of Tawhid Awareness Conference near Shath Marriage Hall and opposite to Nazeer Function Hall in V.Kotta Road at Pernambut on 6/1/2019, between 4.00 p.m., and 10.00 p.m.,the Secretary to the petitioner association has submitted a representation on 13/12/2018 to the third respondent seeking permission but the third respondent did not give permission, even after more than 15 days. Hence, the Secretary to the petitioner association has submitted a representation before the 1st respondent on 31/12/2018 and only thereafter the third respondent has passed the impugned order by putting ante-date as 29/12/2018 but signed only on 2/1/2019. He further submitted that in the said order, the third respondent has stated that if conference is conducted in the said place, it would create difference of opinion and confusion among the muslims and it would also create law and order problems.

(3.) He further submitted that in the said order, he also stated that it would also cause traffic problem affecting the public's normal life. He further submitted that the order was affixed at the petitioner's office on 4/1/2019 stating that the petitioner has refused to receive the said order. He further submitted that the petitioner has not at all refused to receive the said order, and only with a view to prevent the petitioner from conducting Conference, the respondents have affixed the said order belatedly. He further submitted that the reasons stated in the impugned order are not tenable. The third respondent has not cited any specific incidents which leading to pass such an order. He further submitted that the place in which the conference to be held belong to private person and the said person also gave permission for conducting the conference and hence, the question of affecting the public's normal life will not arise. He further submitted that the petitioner under takes that no untoward incidents will take place. He further submitted that conducting the meeting is a fundamental right and the same cannot be prohibited by the respondent police. He further submitted that under Sec. 32 of the police Act 1861, the police is not having power to prohibit any public meeting and only they can regulate the meetings. He further submitted that already all the arrangements made for conducting conference and if the conference is cancelled in the last minute that it will cause much hardship to the petitioner association and to the participates and hence he prayed to set aside the order passed by the third respondent and direct the third respondent to grant permission for conducting the District Conference in the aforesaid place on 6/1/2019 between 4:00. p.m., and 10.00 p.m.