The Madras High Court Friday directed the Tamil Nadu (TN) police to grant permission to the Rashtriya Swayamsevak Sangh (RSS) for a state-wide route march on November 6..Justice GK Ilanthiraiyan said that if the police failed to grant such permission, the Court will be forced to initiate contempt of court proceedings..The court's order came in a batch of 30 contempt of court petitions filed by RSS functionaries against the TN police for denying the organisation permission to conduct a state-wide route march on October 2, despite a court order directing them to do so..Senior Counsel S Prabakaran, representing the contempt petitioners, argued that on September 22, Justice Ilanthiraiyan had directed the police to grant the RSS permission for the march amidst reasonable restrictions. Yet, the police had rejected the organisation's representation seeking such permission..The petitioners said that the TN police had "wilfully disobeyed" the High Court's order."If today, in independent India, one cannot celebrate Mahatma Gandhi's birth anniversary, an occasion this solemn, can't be celebrated, then there is a complete breakdown of our liberty and fundamental rights," the petitioners argued..Prabakaran also argued that the TN police must not be permitted to sit over the orders passed by the court and invent new reasons to reject permission despite a specific judicial order."The judiciary is independent. No body, not even a government authority must throttle the judiciary. The police sitting over the court's order seems like a mockery," he said..The TN police, however, submitted that it had been advised by the Union Intelligence Bureau against granting such permission in the wake of the centre's five year ban on the Popular Front of India (PFI)..The police said that public interest must reign supreme."We cannot discard central intelligence reports regarding possible communal tension in Tamil Nadu. Public interest is supreme," said Senior Counsel NR Elango, who appeared for the TN police..Elango said that the police had filed review petitions in the High Court on September 27 itself after the State government had received at least seven intelligence reports regarding possible law and order problems in the State."Why insist on October 2? Why Gandhi Jayanti when you hail Nathuram Godse? The RSS seems to have some hidden agenda," Elango added.."Situation not conducive in the wake of PFI ban": TN police moves Madras High Court seeking review of permission for RSS procession.The Court asked if the State police was objecting only to the date of October 2.Justice Ilanthiraiyan then suggested that the RSS come up with another date for the rally since the State was apprehending law and order problem particularly on October 2."I have also seen in news, what the ground situation is, and now threats are faced even by RSS functionaries in wake of the PFI ban. You give another date and I will direct them (police) to grant permission. I can keep the contempt petitions pending and direct the police to grant permission for an alternative date," the judge said..It then directed that the RSS hold the route march on November 6 instead, and posted the contempt pleas for further hearing on October 31..The State police will apprise the court of the then prevailing law and order situation on the next date of hearing..Senior counsel S Prabakaran, G Rajagopal, and NL Raja appeared for the petitioners.Senior counsel NR Elango and state public prosecutor Hasan Mohammad Jinnah appeared for the TN police.
The Madras High Court Friday directed the Tamil Nadu (TN) police to grant permission to the Rashtriya Swayamsevak Sangh (RSS) for a state-wide route march on November 6..Justice GK Ilanthiraiyan said that if the police failed to grant such permission, the Court will be forced to initiate contempt of court proceedings..The court's order came in a batch of 30 contempt of court petitions filed by RSS functionaries against the TN police for denying the organisation permission to conduct a state-wide route march on October 2, despite a court order directing them to do so..Senior Counsel S Prabakaran, representing the contempt petitioners, argued that on September 22, Justice Ilanthiraiyan had directed the police to grant the RSS permission for the march amidst reasonable restrictions. Yet, the police had rejected the organisation's representation seeking such permission..The petitioners said that the TN police had "wilfully disobeyed" the High Court's order."If today, in independent India, one cannot celebrate Mahatma Gandhi's birth anniversary, an occasion this solemn, can't be celebrated, then there is a complete breakdown of our liberty and fundamental rights," the petitioners argued..Prabakaran also argued that the TN police must not be permitted to sit over the orders passed by the court and invent new reasons to reject permission despite a specific judicial order."The judiciary is independent. No body, not even a government authority must throttle the judiciary. The police sitting over the court's order seems like a mockery," he said..The TN police, however, submitted that it had been advised by the Union Intelligence Bureau against granting such permission in the wake of the centre's five year ban on the Popular Front of India (PFI)..The police said that public interest must reign supreme."We cannot discard central intelligence reports regarding possible communal tension in Tamil Nadu. Public interest is supreme," said Senior Counsel NR Elango, who appeared for the TN police..Elango said that the police had filed review petitions in the High Court on September 27 itself after the State government had received at least seven intelligence reports regarding possible law and order problems in the State."Why insist on October 2? Why Gandhi Jayanti when you hail Nathuram Godse? The RSS seems to have some hidden agenda," Elango added.."Situation not conducive in the wake of PFI ban": TN police moves Madras High Court seeking review of permission for RSS procession.The Court asked if the State police was objecting only to the date of October 2.Justice Ilanthiraiyan then suggested that the RSS come up with another date for the rally since the State was apprehending law and order problem particularly on October 2."I have also seen in news, what the ground situation is, and now threats are faced even by RSS functionaries in wake of the PFI ban. You give another date and I will direct them (police) to grant permission. I can keep the contempt petitions pending and direct the police to grant permission for an alternative date," the judge said..It then directed that the RSS hold the route march on November 6 instead, and posted the contempt pleas for further hearing on October 31..The State police will apprise the court of the then prevailing law and order situation on the next date of hearing..Senior counsel S Prabakaran, G Rajagopal, and NL Raja appeared for the petitioners.Senior counsel NR Elango and state public prosecutor Hasan Mohammad Jinnah appeared for the TN police.
