The Hindu : Tamil Nadu News : High Court permits AIADMK demonstration against Minister

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Wednesday, Aug 20, 2008
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Tamil Nadu

High Court permits AIADMK demonstration against Minister

Staff Reporter

Says, it is very sad to read a counter affidavit filed by a police inspector

MADURAI: The Madras High Court on Tuesday directed the Deputy Superintendent of Police, Nagercoil sub division, Kanyakumari district to permit All India Anna Dravida Munnetra Kazhagam cadres to hold a demonstration seeking the dismissal of N. Suresh Rajan, Minister for Tourism and Registration.

Allowing a writ petition filed by the district secretary of AIADMK, Justice K. Chandru said that the demonstration shall be permitted to be held before the Collector’s office on August 25.

The police were at liberty to provide security cover, if they want, though the petitioner had not sought for any such protection, the Judge said.

Earlier, the Judge said that “it is very sad” to read a counter affidavit filed by a Police Inspector who stated that the demonstration was not permitted because the police had to provide security to VIPs. The officer also stated that refusing permission for demonstration would not affect any of the fundamental rights of a citizen.

“First of all, this Inspector of Police does not know what his Constitution is. Everything is denied by him. Even the Constitution will be denied… If given all the powers, the police might not allow anybody to hold demonstrations,” the Judge told the Special Government Pleader (SGP) appearing for the police.

Mr. Justice Chandru also told the SGP that there was no harm in earmarking a particular entrance/gate at every office of the Collector to hold demonstrations.

He pointed out that in Kerala; even the Legislative Assembly has a gate allocated exclusively for holding peaceful protests.

Holding a demonstration was a part of the fundamental right to freedom of speech and expression and to assemble peacefully without arms guaranteed under Article 19(1)(a) and (b) of the Constitution, the Judge observed and said that it has been approved by the Supreme Court in S. Rangarajan Versus B. Jagjivan Ram.

P.H. Manoj Pandian, counsel for the petitioner, stated that the demonstration was being held against the Minister as he was accused of abusing a Special Deputy Collector in Kanyakumari by referring to the latter’s Caste, besides instigating two others to assault him in public view on April 18.

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