The police cannot order blanket ban on demonstration on the mere apprehension that it will create a law and order problem, the Madras High Court has said.
“It is a well settled position in law that freedom of speech and expression, guaranteed under the Constitution, cannot not be subverted in an arbitrary manner. In a true democracy, dissenting opinions should not be discouraged. Democracy can be alive and thriving only if the State provides the necessary impetus by encouraging healthy debate and exchange of ideas.
Justice M. Jaichandren made the observation while disposing of writ petitions by Va.Naa.Thanmaanan, organiser, Thamilina Kootamaipu, Ramapuram, and Erai Yezhilan who sought to quash two orders of the Chennai Police Commissioner in September and November this year.
They also sought a consequent direction to the city police to permit the petitioners to hold a peaceful demonstration condemning the (recent) arrest of Seeman, leader of the Naam Thamilar Iyakkam.
Petitioners' counsel contended that the impugned order was arbitrary and illegal. It was contrary to the principles enshrined in the Constitution. In the counter, the police stated that holding of such demonstrations would lead to a serious law and order situation.
Mr. Justice Jaichandren said the police could not pass orders curtailing or curbing freedom of speech and expression, except imposing reasonable restrictions.
In the present case, no such cause had been shown by the police to prevent the petitioners from conducting the demonstration. It would be open to the petitioners to submit their representations to the authorities concerned requesting permission to hold demonstration in a peaceful manner.
