T.N. police ‘a government agency or political agency’, asks Madras High Court judge

Justice P. Velmurugan wants to know why order rejecting permission for Puthiya Tamilagam’s rally was passed at the eleventh hour

Is the Tamil Nadu police “a government agency or a political agency” for denying permission just a day before a proposed rally by Puthiya Tamilagam (PT) despite the application having been made weeks in advance, asked Justice P. Velmurugan of the Madras High Court on Wednesday.

The judge posed the question while hearing a writ petition filed by PT founder-president K. Krishnasamy, accusing the Greater Chennai City Commissioner of Police of having passed a rejection order on November 6, 2024, for the party’s rally planned for November 7, 2024.

Justice Velmurugan said that even if there was any justification in the rejection order, it could have been passed much before the proposed date without causing hardship to the participants besides giving an opportunity to the organisers to seek legal remedy by challenging the order in the manner known to law.

“Let the police explain why did they pass the rejection order at the last moment,” the judge said, and granted time till January 22 for filing a counter affidavit to the writ petition seeking a compensation of ₹1 crore for the loss caused to the party cadre, who had come to Chennai from various districts for the rally. Arguing the case in person, Dr. Krishnasamy said that his party had decided to hold a rally from Munroe statue to Chepauk on November 7 over various demands, including the revocation of 3% internal reservation given to Arunthathiyars within the 18% meant for the Scheduled Castes in education and government jobs.

The party approached the police on October 18, 2024, seeking permission. The Joint Commissioner of Police (Intelligence) called for a meeting on October 26, 2024, and advised the party office-bearers to begin the rally from Rajararthinam stadium in Egmore, he claimed.

Stating that the party agreed to change the venue, he said a fresh application was filed on October 26, seeking permission to hold the rally from Rajarathinam stadium to Langs Garden Road. Simultaneously, the party also obtained permission from the Raj Bhavan to submit a memorandum to the Governor after the rally.

However, the police passed a rejection order on November 6 and a copy of it was found pasted on the wall of the party office in Chennai on November 7, by when hundreds of cadre had already gathered in Chennai by spending a considerable amount of money for travel, boarding and lodging, he added.

Dr. Krishnasamy said the reason for the rejection order was cited to be “a reliable information” received by the police that the number of participants in the rally would be much more than what had been mentioned in the application and, therefore, it might cause road traffic congestion besides posing a threat to maintenance of law and order.

Informing the court that the party cadre had assembled at the venue on November 7 due to the rejection order having been passed at the eleventh hour, the petitioner complained that the police detained the participants, including himself, at a poorly ventilated hall from 12 noon to 6 p.m. on that day.

Published - January 08, 2025 10:15 pm IST