Last-minute cancellation of nod for protest no ground to seek damages, Madras HC tells PT
However, Justice P Velmurugan directed the State to amend the Madras City Police Act, 1988, by increasing the prior representation period from 5 days to 10 days for seeking permission to hold rallies, road roko, stirs or agitation.
Madras High Court
CHENNAI: The Madras High Court has refused to order the State to grant compensation to the Puthiya Tamilagam party, rejecting its demand over the police department’s denial of permission to hold a rally at the eleventh hour.
However, Justice P Velmurugan directed the State to amend the Madras City Police Act, 1988, by increasing the prior representation period from 5 days to 10 days for seeking permission to hold rallies, road roko, stirs or agitation.
The authorities receiving the representation must dispose of it within 48 hours, wrote the judge, while responding to a petition moved by Puthiya Tamilagam founder K Krishnasamy, seeking to quash the order denying permission to hold a rally and direct the State to provide Rs 1 crore as compensation for the loss incurred to the party.
The judge also quashed the criminal cases filed against the party members for holding the rally despite permission denial.
As the city police denied the permission before it could commence, the party is not entitled to compensation, held the judge. Puthiya Tamilagam party was given permission to hold a rally on November 7, 2024, demanding State to scrap 3 per cent internal reservation for Arunthathiyars. They were allowed to meet Governor RN Ravi to submit a memorandum.
But, on November 6, the police denied the permission for the rally citing possible disturbance to public order.
However, the party conducted the rally as planned on November 7, despite police denying permission. Police arrested several hundreds of party cadre, including Krishnasamy, for the violation.
Krishnasamy contended that the party suffered a huge money loss as the permission was cancelled the previous night, as several hundreds of party members were already en route to Chennai from different parts of the State.
He also alleged the police discriminating while processing applications of parties applying for protests. Applications of DMK and its allies are handled favourable, he alleged.
