RABU MANOHAR ADVOCATE20.02.2023 To The Director General of Police, Dr. Radhakrishnan Salai, Chennai — 600 004. The Commissioner of Police, Avadi, Chennai – 54. Further Contempt Notice Respected Sir, Sub: Permission to conduct route march and public meeting by Rashtriya Swayamsevak Sangh – Reg Ref: Order in W.P.No. 24540 of 2022 and batch dated 22.09.2022 passed by High Court Madras.
- RABU MANOHAR
ADVOCATE
Office : 250, New Addl. Law Chambers, High Court Buildings,
By SPAD
20.02.2023
To
- The Director General of Police, Dr. Radhakrishnan Salai, Chennai — 600 004.
- The Commissioner of Police,
Avadi, Chennai – 54.
Further Contempt Notice
Respected Sir,
Sub: Permission to conduct route march and public meeting by Rashtriya Swayamsevak Sangh – Reg
Ref:
- Order in W.P.No. 24540 of 2022 and batch dated 22.09.2022 passed by High Court Madras.
- Judgement in LPA No.6 to 50 of 2022 dated 10.02.2023 passed by Division Bench High Court Madras.
- Representation made by G. Subramani to you on 11.02.2023
Under the instructions from my client G.Subramanian, S/ o. V.Ganapathi, Hindu aged about 42 years, residing at No.4, 2nd Street, Thangam Colony, Anna Nagar, Chennai — 600 040, I due hereby issue the following Contempt Notice to you.
My client states that the Division Bench of Madras High Court in the batch of Letters Patent Appeals (LPA) was pleased to set aside the order of the Learned Single Judge in Contempt Petition No. 2111 of 2022 and batch dated 04.11.2022 by upholding the Constitutional Right of the Rashtriya Swayamsevak Sangh for conducting Route March and public meeting in terms of their original request by restoring the order dated 22.09.2022 passed in w.p. No. 2540 of 2022 and batch dated 22.09.2022.
S uJe—
The Division bench had also held in Para 33 of their Judgement is as follows:
“32. Therefore, in the given factual matrix and applying the aforesaid legal proposition, we are of the view that the State authorities must act in a manner to uphold the fundamental right to freedom of speech, expression and assembly as regarded one of the most sacrosanct and inviolable rights envisaged in our Constitution. The State-s approach towards citizens- right can never be adversarial in a welfare State and it must be considered for granting permission for peaceful rallies, protest, processions or meeting so as to maintain a healthy democracy where the constitution reigns supreme and the fundamental rights of citizens are placed at a lofty pedestal.
- In the result, the order dated 04.11.2022 passed in the contempt petitions, which is under challenge in the present LPAs, is set aside, and the order dated 22.09.2022 passed in the writ petitions stand restored and would be enforceable. As the dates on which the appellants wanted to conduct the route- March, have passed, it is only appropriate that a direction be issued in this regard. Accordingly, the appellants are directed to approach the State authorities with three different dates of their choice for the purpose of holding the routeMarch/peaceful procession and the State authorities are directed to grant permission to the appellants on one of the chosen dates out of the three”
I state that in compliance of the order passed by Division Bench on 10.02.2023 in the batch of Letters Patent Appeals, I have issued a letter dated 10.02.2023 requesting the Director General of Police to comply with the order dated of Hon ‘ble High Court dated 10.02.2023 and have also communicated the web copy of the order.
My client states that he haw made representation to you enclosing the orders passed the Hon ‘ble High Court as referred above on 11.02.2023 indicating that three dates should be considered and permission should be granted:
- 02.2023
- 02.2023
- 03.2023
The representation given by my client has also been acknowledged by your good-self.
My client states that in-spite of receiving his representation dated
11.02.2023 indicating the 3 dates as directed by the Hon’ble High Court in its order dated 10.02.2023 you have not granted permission either on 12.02.2023 or 19.02.2023.
My client states that since my client has requested for three dates as referred above and you have not granted permission on 12.02.2023 or 19.02.2023, I call upon you to grant permission for conducting the Route March on 05.02.2023 as directed by the Hon ‘ble High Court in it’s Judgement dated 10.02.2023
Please make note that if permission is not granted by your good-self 05.03.2023, the same would amount to further Contempt for wilfully disobeying the Judgement of Hon ‘ble High Court dated 10.02.2023
Thanking You.
Yours Sincerely
- Rabu Manohar