Chennai: Following an order passed by the Madras high court, the Director General of Police has issued a circular instructing all the Commissioners of Police in cities and Superintendents of Police in Districts to follow the directions of the court in the matter relating to the holding of public meetings by political parties in the state.
A division bench comprising Justices N. Kirubakaran and S. S. Sundar had on March 22 directed the authorities not to permit any political parties to conduct meetings and rallies in street corners, roads, thoroughfares and near residential areas affecting free movement and peaceful living of the people, while passing interim orders on a petition from S.P.Naryanan of Tiruchendur.
In his petition, Narayanan sought a direction to impose total ban from holding meetings by political parties in East, West, South and North Car Streets in Tiruchendur, Thoothukudi District, by taking into consideration his representation dated February 12, 2019.
The bench, in its interim order, said the court would take judicial note of the fact that the political parties conduct their meetings and rallies in the towns and cities, urban and residential areas affecting the free movement and peaceful living of the people. The nuisance has become more, especially during election time. Since the election for Parliament and bye-election for Assembly constituencies are to be conducted on April 18, many political parties are conducting meetings and rallies, the bench added and suo motu impleaded State Home Secretary and DGP as respondents (parties) in the case.
The bench said the Supreme Court, in the Ramlila Maidan incident case, while observing that right to privacy has been held to be a fundamental right of the citizen being an integral part of Article 21 of the Constitution of India, the citizens/persons have a right to leisure, to sleep, not to hear and to remain silent. The knock at the door, whether by day or by night as a prelude to a search without authority of law amounts to police incursion into privacy and violation of fundamental right of a citizen. "Right to privacy has been held to be a fundamental right of the citizen being an integral part of Article 21 of the Constitution of India by this court. Illegitimate intrusion into privacy of a person is not permissible as right to privacy is implicit in the right to life and liberty guaranteed under our Constitution. Such a right has been extended even to woman of easy virtues as she has been held to be entitled to her right of privacy. However, right of privacy may not be absolute and in exceptional circumstance, particularly surveillance in consonance with the statutory provisions, may not violate such a right".
The bench said, "Since the people's life is affected and their free movement is crippled and even the children and old people are affected because of the conduct of the meetings and rallies in street corners, roads, thoroughfares and near the residential areas, there shall be a direction to the respondents (authorities) not to permit any political parties to conduct meetings and rallies in street corners, roads, thoroughfares and near the residential areas affecting free movement and peaceful living of the people. It is always open to the authorities to give permission to any political parties to hold meetings outside the urban areas by which, life of the people will not be affected".
