Breaking: Elected Leaders Shouldn't Be Stopped From Meeting People Who Elected Them: Madras HC Sets Aside Order Refusing Permission To PM's Roadshow
The Madras High Court granted permission for the upcoming Prime Minister Narendra Modi’s roadshow in Coimbatore holding that elected leaders should not be stopped from meeting the people who elected them.
The Prime Minister had planned a roadshow on March 18 to sensitise the locals about various PM welfare schemes and to urge them to avail all such schemes through Direct Benefit Transfer (DBT). The BJP approached the city police seeking permission for the roadshow for a stretch of four km.
Justice N. Anand Venkatesh observed, “The meeting organized for any political leader to interact with the people and more particularly for those who are holding the position of the Prime Minister or the Chief Minister, is certainly going to cause some hindrance to the free movement of the general public. However, that cannot be a ground to deny permission and the Police will have to find alternative routes to ensure smooth movement of the general public and vehicles.”
Advocate R.C. Paul Kanagaraj represented the petitioner, while GA K.M.D. Muhilan appeared for the respondents.
The police authorities, however, refused to grant permission for the road show, a decision that the BJP claimed was made "arbitrarily."
The Court remarked that the stand taken by the police was baseless "as if no permission has ever been granted for a Road Show to anyone."
The BJP filed a petition before the High Court to quash the orders of the police declining the permission to conduct the roadshow and to provide adequate police protection for the same.
BJP contested that the said order was in contravention to the fundamental rights guaranteed under Article 19 of the Constitution and prayed for permission from the High Court stating that the party members would “responsibly perform the sanitation initiative by picking up the broom to clean the dirt and waste” after the roadshow.
The police authorities had denied the permission stating that the “Road Show to be conducted goes through areas covering Hospitals, Commercial Establishments, Government Offices, Educational Institutions, etc., and it is going to take place during the peak hours and therefore, it will affect the free movement of the general public who will be finding it very difficult to reach their homes and will be stranded.”
The Police had also denied the permission in view of the maintenance of law and order and in the likelihood of there being a breach of peace and disturbance to public tranquillity in Coimbatore.
“The Road Show is going to take place after 5 PM in some arterial road and therefore, there is no occasion to disturb the students studying for the examination. This reason assigned in the rejection order is unsustainable,” the Court noted.
Consequently, the Court set aside the impugned proceedings of the police and directed the police to grant protection by imposing reasonable conditions.
Accordingly, the High Court allowed the petition.
Cause Title: J.Ramesh Kumar v. The Commissioner of Police & Anr.
Appearance:
Petitioner: Advocate R.C.Paul Kanagaraj
Respondents: GA K.M.D. Muhilan
