HC nod for MDMK public meeting

The Madras High Court today directed grant of permission to MDMK headed by Vaiko for holding a public meeting here tomorrow, overruling police's objections that it would be used to speak about banned LTTE and its slain leader V Prabhakaran.
Allowing a petition by MDMK South Chennai Secretary P Manimaran, Justice V Ramasubramanian ordered the Assistant Commissioner of Police T.Nagar and the Inspector of Police Mambalam Police Station to grant permission to the party for the public meeting subject to the usual terms and conditions.
The Judge, while concurring with the submissions by the Government Pleader, said in his order that "it is clear that no one has absolute faith in fundamental right to freedom of speech and expression. People understand Article 19 (1) (a) to mean a fundamental right to freedom of their own expression and not that of others who hold a view point that cannot be tolerated by them.

"But fortunately, the government and the court alone maintain consistency, the government uniformly rejecting the request of all groups and the court uniformly allowing the request of all groups," he said.
The petitioner had submitted that an application was given to police on November 8 seeking permission for the meeting. As there was no response despite a reminder on November 21, he has moved the court.
In a common counter, police authorities raised two objections. The first is that the permission for the meeting will result in law and order problem.

The second was that though the application of the petitioner was purportedly for elaborating upon a conference, the real motive was only to speak about LTTE and its deceased leader on the occasion of his 60th birth anniversary.

Since LTTE was a banned organisation, police objected to the petitioner speaking about it and its leader in the meeting.
In its reply, MDMK clarified that in so far as LTTE was concerned, Vaiko would speak only in tune with the decision of the Supreme Court (in a POTA case agaist him).
Vaiko also in his reply stated that after a public meeting in 2012 no case was registered against him or any one of the speakers on the ground that they had spoken in favour of LTTE.
But in so far as the events that had happened in Sri Lanka is concerned, he pointed out that the Tamil Nadu Assembly itself has passed a resolution and that there can be nothing wrong in speaking about the same.

Taking note of the replies, the Judge said the petitioner had said non-prosecution of any of the speakers in the public meeting held in 2012 indicates the fact that the apprehension of the police was not true.
The petitioner also indicated they would obey by the law laid down by the Supreme Court.
Therefore, when a clarification has been issued, it was not possible for the police to presume that somebody would violate the law.
Repeatedly, "this court has held that on presumption that a person is bound to violate the law, permission to hold demonstrations cannot be rejected. Therefore, the second ground cannot also be accepted," the Judge held.