Rss route march contempt notice to dgp by advt
RPAD / E-MAIL
Date: 21.10.2023
To,
1. Tmt. P.Amudha I.A.S.,
The Secretary to the Govt of Tamilnadu
Home department,
Forts and George, Chennai – 09
2. Shri. Shankar Jaishwal I.P.S.,
The Director General of Police, Tamilnadu
Post Box No.601, Dr.Radhakrishnan Salai,
Mylapore, Chennai
3. Thiru P.Sundaravadivel The Superintendent of Police Nilgiris District.
4. Thiru Baskar
The Inspector Police, Erumad Police Station, Nilgiris District.
CONTEMPT NOTICE
Under the instructions of my client Mr. R.Thiagarajan @ Suresh S/o Ramasamy residing at No.15/464, Erumbupalam, Inco Salai Pandalur, Nilgiris- 643233 I do hereby issue an contempt notice to you as below:
1. My client states that they have made an application 13.09.2023 to you to conduct the route march of RSS on 22.10.2023 at 5.00 P.M from
Govt Higher Secondary School Erumad to Erumad Bazaar, Thaloor Road Indco Nagar Panchyath Ground and thereafter a public meeting from 4.30 to 6.30 PM at Indco Nagar Panchyath Ground
2. My client states that the Superintendent of Police has sent a questionnaire dated 11.10.2023 asking for many queries.
3. My client states that he has filed writ petition for mandamus in WP.NO 29732 of 2023 before High Court of Madras. In the mean while, my client had also replied to the questionnaire dated 12.10.2023 answering all the questions stated therein.
4. My client states that inspite of answering all the questions the Superintendent of Police, Nilgiris district had rejected the request made by the petitioner.
5. My client further states that they have brought this fact before the Hon’ble High Court at the time of hearing and the Hon’ble High Court in its common judgment dated 16.10.2023 allowed all the writ petitions and directed you to grant permission to conduct route march on 22.10.2023. In which you have to provide permission on or before
20.10.2023 as per the order this Hon’ble High court.
6. My client states that in para 16 of the order the Hon’ble High Court had observed as follows:
When the matter was taken up for hearing, this Court requested the learned Advocate General and learned Public Prosecutor whether there is any difficulty in granting permission in a particular place or particular date or on a particular time or on a particular route. If there is any such difficulty, same can be intimated to the Organizers to alter the date or time or place or route. But the rejection order passed subsequently clearly shows that, the State has no intention to permit this Organization to conduct the Rally on 22.10.2023. The reasons stated in their rejection order is not pertinent to the inconvenience of the State to provide protection particular date or time but on the general reasons which will always be in existence at all point in the entire 365 days of the year.
7. My client states that the Hon’ble High Court in para 22 had held as follows:
Accordingly, the Writ Petitions are Allowed, on following terms, in addition to the guidelines laid by this Court vide order dated 22.09.2022 affirmed by the Hon’ble Supreme Court in S.L.P.(Civil). No.4163 of 2023 dated 11.04.2023.
i) The Superintendent of Police of the concerned District, to whom the application is made shall issue permission after having consultation with the Organizers, if necessary.
ii) The Organizers of the processions may be amenable for minor change in the route, if the District Administration feels that, it may be difficult for them to provide Bando bust in a particular route. If there is any such difficulty, the District Administration
can have consultation with the Organizers and provide
alternative route.
iii) The starting point and ending point shall not be compromised under the guise of changing the route.
iv) The permission in writing with necessary restriction to be issued atleast three days prior to the date of rally/meeting.
Consequently, connected Miscellaneous Petitions are closed. No costs.
8. My client states that they approached Director General of Police at his office on 19.10.2023 at 10.30 AM after seeking an appointment. Inspite of my client’s appointment the Director General of Police didn’t meet my clients and had requested that the copy of letter and judgment of the
Hon’ble High court dated 16.10.2023 may be handed over to his office. My client was compelled to handover the letter and the copy of the judgment dated 16.10.2023 to the office of the Director General of Police. Thus, the Director General of Police is brought to knowledge of judgment of hon’ble court dated 16.10.2023 on 19.10.2023 at 10.30
AM.
9. My client states that it is your duty to comply with the Directions issued in the judgment of Hon’ble High Court dated 16.10.2023 and even inspite of specific direction by the hon’ble High Court to grant permission at least three days prior to the date of rally you haven’t complied or obeyed the judgment passed by the hon’ble court dated
16.10.2023.
10. My client states that inspite of specific direction by the Hon’ble Court dated 16.10.2023 you have deliberately disobeyed the directions issued by the hon’ble High Court dated 16.10.2023. Thus, all of you have wilfully disobeyed the direction issued by the Hon’ble Court dated 16.10.2023 and have committed contempt by not issuing permission conducting route march on 22.10.2023. You have been Repeatedly Disobeying the judgment of the Hon’ble High Court Intentionally by committing Contempt.
I therefore call upon you to obey and comply with the common order passed by the Hon’ble High Court in batch of Writ Petitions dated 16.10.2023 especially in W.P. No. 29732 of 2023, by granting permission for my client to conduct the route march on 22.10.2023 and the consequential public meeting immediately failing, which my client will be constrained to proceed with contempt proceeding at your cost.
Advocate
