RSS Route March: Madras High Court Issues Notices To TN Home Secretary, DGP In Contempt Plea Over Denial Of Permission

Justice G Jayachandran was hearing a contempt petition filed by the party after the State denied them permission to conduct a route march in spite of an earlier order directing the police authorities in the State to grant permission.

The court opined that the State did not want to follow court orders and called the State "incapable of administration". The court then refused to passover the matter as requested by the State counsel and went on to issue statutory notices to Tamil Nadu Home Secretary P. Amudha, Director General of Police (DGP) Shankar Jiwal and other officers, returnable by four weeks.

Though the Additional Public Prosecutor R Muniyapparaj submitted that the State had preferred an appeal against the earlier order and hence a short accommodation may be granted, the judge refused to accept his request.

The court had previously noted that in the present case, though the State had listed some reasons to reject permission for route march, the same were only to circumvent/defy the mandate of the Supreme court and exposed the inability of the State machinery.

The court had also noted that the reasons stated in the rejection order were not specific inconveniences on particular days, but general reasons which would exist on all days of the year. The court had thus found the reasons to be ingenuine and unreasonable.

At the same time, the court had also directed the organisers to give an undertaking to the District Superintendent of Police that they would scrupulously follow the guidelines of the Supreme Court and will not deviate the guidelines and other restrictions laid down by the District Administration. The court also directed the authorities to ensure adequate bandobast to ensure a peaceful procession.

The court had thus directed the Superintendent of Police to issue permission after having consultations with the organisers. The court added that the organisers could make minor changes to the route, it the District Administration found it difficult to provide bandobast in a particular route. However, the court made it clear that the starting point and the ending point should not be compromised in the guise of changing the route. The court also asked the permission to be issued at least three days prior to the date of the rally/meeting.

Case Title: MR.S.Raja Desingu v P.Amutha IAS

Case No: SUB APPL 791 of 2023 and CONT P 139790 of 2023 (filing no)