HC sets aside condition to obtain vehicle passes from district police
Madurai:
Madras high court
on Friday set aside the condition imposed by Madurai city police to obtain vehicle passes for participation in the Lord Murugan devotees conference, saying the right to movement throughout the territory of India is guaranteed to all citizens under Article 19(1)(d) of the Constitution.
The court modified the order of a single bench in this regard.
The court was hearing an appeal filed by Hindu Munnani functionary M Arasupandi challenging a condition imposed by a single bench. The petitioner had earlier filed another petition challenging certain conditions imposed by the city police while permitting the conference. The single bench had refused to interfere with the condition requiring participants to obtain passes for vehicles from the concerned district police.
Aggrieved by the condition, the petitioner moved Supreme Court. The petition was disposed of as withdrawn on the petitioner's request, following which he preferred the present appeal before high court.
Senior counsel appearing for the petitioner submitted that the object of the state appears to be to put spokes in the wheels and discourage participants to the conference. A division bench of Justice G R Swaminathan and Justice K Rajasekar observed that since the authorities themselves chose to grant permission for the conference, no exception can be taken to its conduct.
The condition imposed by the assistant commissioner of police, Anna Nagar, Madurai city, states that no vehicle carrying the conference participants without a vehicle pass will be allowed to enter city limits.
An assistant commissioner can have jurisdiction and sway only over her territorial limits. The official cannot issue an order preventing the entry of vehicles into Madurai city. It is open to any citizen to enter Madurai city in his/her vehicle, and such a right cannot be interfered with by an assistant commissioner, said the judges.
In the case on hand, not more than 10,000 vehicles are expected, and therefore, there is no need to impose such an onerous condition. The appellant undertook that participants who come in their personal vehicles or hired vehicles would deposit the photostat copies of the RC book, insurance certificate, and driving licence at the police booths at various parking places earmarked. "The organisers assure us that pucca arrangements have been made so that there is no stampede, which was witnessed in Bengaluru, Delhi, and other places recently," the judges observed.
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