R GANDHI Vs. STATE OF TAMIL NADU; DIRECTOR GENERAL OF POLICE; COMMISSIONER OF POLICE

JUDGEMENT

(1.) The writ petitioner is a designated Senior Advocate of this Court and he has filed this Public Interest Litigation, praying for issuance of a Writ of Mandamus forbearing the respondents, their men, agents or their subordinates from in any manner restricting the public from honoring the Father of Nation "Mahatma Gandhi" statute at Marina Beach from the morning hours on the death and birth anniversary viz., 30th January and 2nd October respectively of every forthcoming year except for the interval of 10 to 15 minutes for the visit of His Excellency, The Governor of Tamil Nadu and the Hon'ble Chief Minister of Tamil Nadu.

(2.) The petitioner, in the affidavit filed in support of this writ petition, avers that his father was a freedom fighter and he suffered 3 years jail term for participating in the Quit India Movement which took place between 1942 and 1945. The petitioner has stated among other things that the birth anniversary of the Father of Nation - Mahatma Gandhi falls on 2nd October and Mortuar day falls on 30th January and it has become the habit on the part of police to completely prohibit people from coming in any way near the statue of the Father of Nation at Kamarajar Salai, opposite to the office of the Director General of Police, on the pretext of VIPs and VVIPs visit. The petitioner would further aver that on 30.01.2013 more than 1000 children dressed like Mahatma Gandhi and they were about to start their march from Vivekanandar House from 8.30 a.m to Gandhi statue to pay their obeisance before the statue of Mahatma Gandhi situated in the above place and to take pictures, but they were informed by the police personnel that they could do so only after the visit of very very important personalities. However, the visit of VIPs and VVIPs was only at about 10.30 a.m and all along, young children were made to stand in hot sun and some of them also fainted. It is also stated by the petitioner that for the purpose of VVIPs visit to garland the statue of Mahatma Gandhi, vehicular traffic was stopped and diverted and the petitioner do not know whether the dignitaries were made aware of the same or not. According to the petitioner, these kind of things are not taking place in the neighbouring states namely, Andhra Pradesh, Karnataka and Kerala and it happens only in this State and therefore, came forward to file this writ petition.

(3.) The Joint Commissioner of Police East, Greater Chennai Police, has filed a counter affidavit on behalf of the third respondent namely, Commissioner of Police, Greater Chennai City Police, and he has denied the averments made in the affidavit filed in support of the writ petition and would further state that every year on 2nd October and 30th January, being the birth and death anniversary of the Father of Nation, many dignitaries from various walks of life including His Excellency, The Governor of Tamil Nadu and the Hon'ble Chief Minister of Tamil Nadu, used to pay respect by garlanding the Mahatma Gandhi statue. It is further stated that some of the dignitaries are under special security cover and therefore, necessary and mandatory directions have to be taken as per the guidelines issued by the Central and State Government and only during the time of visit of persons, who are under the special security cover, movement of public near the statue of Mahatma Gandhi is regulated to prevent any untoward incident. The said official would further aver that it is also the bounden duty of the police to protect VIPs and VVIPs in the prevailing situation and consequently, their acts cannot be termed as unconstitutional. The third respondent is also very categorical that the free movement of general public to pay homage to the Father of Nation would not be disturbed and will be regulated during the time of the visit of VVIPs and VIPs and that too for a short duration and further aver that there is no intention on their part to prevent or prohibit the general public to pay respect to the departed noble soul and hence, prays for dismissal of this writ petition.