On 13 August 2024, the Madras High Court emphasised that “permission should not be denied if rallies can be conducted peacefully and without causing public disruption.” This statement came in response to a writ petition filed by a BJP functionary seeking approval to hold bike rallies with the national flag (Tiranga rally) across the state ahead of 15 August 2024 to celebrate the 78th Independence Day.
The petition was filed by A. Krishna Prasath, the Coimbatore district secretary of BJP Yuva Morcha, challenging an order from the Coimbatore Deputy Commissioner of Police (DCP) – North issued on 10 August 2024, which had denied permission for the rally on several grounds. The judge permitted the petitioner’s lawyer, R.C. Paul Kanagaraj, to file a lunch motion for an expedited hearing. During the afternoon session, Kanagaraj accused the DCP of providing inconsistent reasons for the denial.
Kanagaraj argued that the DCP initially cited insufficient route information for rejecting the permit but later claimed the narrow roads and ongoing flyover construction were also factors. Kanagaraj also mentioned that the general secretary of BJP Tamil Nadu wanted to file a similar petition for rallies across the State. Still, the Registry rejected it due to technical issues. Consequently, the Coimbatore official filed the petition alone.
The Bench headed by Justice G. Jayachandran allowed Government Advocate K.M.D. Muhilan one day to gather necessary instructions but emphasised that permission should not be denied if the rallies can be conducted peacefully and without disrupting the public.
The judge noted that any ruling made in this writ petition would also apply to other police jurisdictions and scheduled it as the first case to be heard on 15 August 2024.
Denial Of Permission Citing Law & Order Issues In TN
As the nation prepares to celebrate its 78th Independence Day on 15 August 2024, with Prime Minister Narendra Modi’s ‘Har Ghar Tiranga’ call for celebrating India’s 78th Independence Day from 13 August to 15 August 2024, Tamil Nadu, a state known for its history of patriotism, faced a situation where permission for a Tiranga rally denied citing concerns about law and order.
In Gummidipoondi in the Thiruvallur district, the police have denied permission for the Tiranga rally, citing concerns that “… given the proximity of schools and shops to the rally location, the event will impact students and local traffic. Additionally, if the rally takes place on the state highway, it could lead to significant traffic congestion and potential law and order issues. Therefore, permission to hold the rally is denied.”
What to say about an inspector of police who says There will be Law and order issue if a National flag procession is taken out on Independence Day ? Is this what Tamilnadu is reduced to? We are a part of India but have non permission to parade the national flag ?! pic.twitter.com/gI1ivv5c5C
— Vinoj P Selvam (@VinojBJP) August 12, 2024
In a separate incident, 24 people, including the BJP East District President, were apprehended in Aruppukkottai, Virudhunagar district, for conducting an two-wheeler rally with the national flag. Although the Virudhunagar East District BJP had sought police permission to carry the flag from Bavadi Thoppu in Aruppukkottai to Vellakottai, their request was denied. Despite this, they proceeded with the rally, traveling from Bavadi Thoppu through Kasukkadai Bazar and Marakadai Bazar before arriving at Vellakottai.
தேசிய கொடியுடன் பேரணி – பாஜகவினர் கைது #Virudhunagar | #BJP | #NationalFlag | #Protest | #NewsTamil | #NewsTamil24x7 pic.twitter.com/aICgnCWiRD
— News Tamil 24×7 (@NewsTamilTV24x7) August 13, 2024
On 12 August 2024, members of the BJP youth wing were arrested in Trichy while staging a bike rally with the national flag celebrating “Har Ghar Tiranga”. The rally was intended to travel from Major Saravanan Memorial Square to the home of freedom fighter VVS Iyer in Varaganeri as part of the nationwide Independence Day celebrations. However, the city police denied permission for the event, warning that participating vehicles would be confiscated and legal action would be taken.
To prevent any unauthorised gatherings, the police deployed a significant presence around Major Saravanan Memorial Square. In response, the BJP members altered their plans and instead conducted a procession from their district office. Led by BJP state youth wing secretary Ramesh Siva and state general secretary Gautham Nagarajan, over 50 participants rode their two-wheelers, displaying the national flag as they passed through Mahatma Gandhi Memorial Government Hospital, Madhuram Hospital, and MGR Statue before returning to the BJP office.
Despite the police prohibition, the BJP carried out their modified rally. Gautham Nagarajan expressed criticism of the restrictions, stating, “We requested permission from the sessions court police station in Trichy on 11 August 2024, but it was refused. We decided to proceed with the rally regardless. It raises questions about whether Tamil Nadu is governed by the Dravidian model or the British system, given the stringent controls on Independence Day celebrations.”
Celebrating Independence Day with a Tiranga (Tri-Colour flag), intended to foster a sense of pride, has become a troubling trend to DMK in Tamil Nadu.
(With Inputs From The Hindu)
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