Cops can’t discriminate in granting nod for stir, says Madras HC

CHENNAI: The Madras High Court has observed that police should not practice discrimination between political parties while granting permission to hold protests or agitation. A uniform procedure to deal with such matters should be followed keeping in mind its role in protecting public order, it said.

Police are not an agency of the ruling party or any other political entity. It should maintain its independence agency, observed Justice P Velmurugan while hearing a petition moved by PK Sekar, propaganda secretary of PMK, seeking to direct the police to allow his party to hold an agitation on the Anna University sexual assault incident alleging that cops are biased in granting permission.

Appearing for the petitioner advocate, K Balu, contended that the police had been discriminating against opposition parties, rejecting their application for protest while granting a nod to ruling DMK and their allied parties’ agitations.

The police should adopt the procedure uniformly, invariable of which party or individual comes before them requesting permission to hold an agitation, observed the judge. He added that everyone is entitled to raise their as enshrined in the Constitution. The representation should be disposed of well in advance in a manner known to the law, added the judge in his direction to the police.

The government advocate submitted that permission was denied to maintain public order and avoid traffic congestion. The judge responded that agitation doesn’t mean setting fire to a public vehicle, cutting down trees to block the roads or damaging public property. Raising a voice without disturbing the general public is allowed, observed the judge.

The court directed the police to file a counter to the petition and posted the matter on January 23 for further hearing.

The petitioner alleged that the police commissioner acted against Article 14 of the Constitution by not providing an opportunity for other political parties but giving permission to the ruling DMK party to conduct a protest.

He allowed the DMK to conduct a protest against the State Governor as he walked out of the assembly without reading his customary address.

The commissioner granted the permission to hold the protest the next day the incident took place in the assembly, said the petitioner. Since the commissioner violated section 41 of the Madras City Police Act 1988 and Article 14, as he acted biased in granting permission to hold a protest, the petitioner sought an action against him.