The Hindu : Rallying behind `regulatory' powers

Online edition of India's National Newspaper
Sunday, Jun 23, 2002

Southern States

Southern States - Tamil Nadu

Rallying behind `regulatory' powers

By S. Shivakumar

CHENNAI JUNE 22. The recent episode of police initially denying permission for the DMK to take out a `thanksgiving rally' by the ousted Mayor, M. K. Stalin, and then allowing them with certain restrictions has brought to public attention the ``regulatory'' powers of the city police.

Applied over the years with political colour, the regulatory powers have been pruned by the courts, greatly circumscribing the ``discretionary authority'' of the police and imposing conditions on political parties.

This time the police were armed with the Supreme Court order banning processions on arterial roads, while prescribing conditions for the DMK.

The apex court order has come as a boon for the residents of Chennai, who have had several bitter experiences in the past when traffic has been paralysed for hours because of rallies. There was also an alleged incident of a patient dying in an ambulance caught in a traffic jam.

There have been several such instances when aggrieved parties denied permission under the Madras Police Act, which came into effect in 1859, have moved the court seeking redressal, and thus brought the entire regulatory process under judicial review.

The case which generated the greatest interest was probably the petition filed by the Hindu Munnani challenging the police commissioner's order regulating the procession route of Vinayaka idols, as religious processions were generally not covered by the Section 41 of the City Police Act.

The High Court, which upheld the order of the commissioner, observed that the police should independently take a decision according to the situation at the relevant point of time. Grant or denial of permission should not be arbitrarily passed, the October 1996 order said.

Even way back in 1957, C.N.Annadurai was denied permission by the then city police commissioner, who invoked Section 41 of the Madras City Police Act. When Annadurai challenged the commissioner's order dated December 31, 1957, the Madras High Court upheld the order stating that the commissioner had ample powers and this particular order could not be declared as void or discriminatory in nature.

Another case which evoked public interest pertained to a Puthiya Tamizhagam rally a couple of years ago. The police, who anticipated violence, moved the court for certain directions to the organisers for the peaceful conduct of the rally.

The court prevented the participants from carrying sticks, arms and it warned the organisers they would be held responsible for any damage to public property along the procession route.

Several petitions with prayers ranging from restricting certain routes for processions to the specific days on which they could be taken have been filed. A similar writ petition was filed by the Villupuram Traders Association seeking a ban on processions being taken out on all main roads. The Supreme Court directed the Government to file a report on the meeting and processions.

High Court advocate, Narmadha Sampath, says a High Court order in April this year permitting a transport workers rally stipulated several conditions: that the processionists should go three in a row, occupy only three feet on the left flank of the road and the number of participants should not exceed 3,000. However, as roadusers found, the police were unable to enforce any of these conditions because of practical problems.

Invariably, political parties violate restrictions imposed by the police, says N. L. Raja, advocate and Consumer Action Group Trustee. The police turn a blind eye to the violations by the political parties.

``I have not known of a single incident of the police pulling up a political party for violations'', he said. However, there are several well-regulated processions such as rallies organised by school children and other welfare organisations for a social cause.

While processions are an expression of democratic right, the rights of other citizens should not be affected, activists say, pointing out that even in liberal societies, planned protests are allowed only at specified places, without affecting the lives of the general public, and suitable alternatives provided for roadusers.

While there were 704 processions in 1997, it was 590 in 1998, 623 in 1999, 491 in 2000, 383 last year and 79 so far this year.

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