The Hindu : Tamil Nadu / Madurai News : Muslim organisations allowed to hold
public meeting

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Tamil Nadu - Madurai
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Muslim organisations allowed to hold public meeting
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Staff Reporter

MADURAI: The Madras High Court on Wednesday permitted the Popular Front

of India, a federal body of three Muslim organisations from Tamil Nadu,

Karnataka and Kerala, to hold a public meeting here on August 15 for

highlighting the role played by Muslims in the struggle for Independence.

Allowing a writ petition filed by the Manitha Neethi Pasarai, a forum

representing Tamil Nadu in the Front, Justice K. Chandru quashed an order

passed by the Commissioner of Police here refusing permission for the

meeting on the apprehension that it might be used to incite communal

tension.

The judge said that the fundamental rights to freedom of speech and

expression and to assemble peacefully without arms conferred on every

citizen could not be taken away by the power vested on the Commissioner

under Section 41 of the Madras City Police Act, 1888, to regulate any

meeting.

He said the present case falls squarely under a judgment passed by a

Division Bench in C.J. Rajan Vs. Deputy Superintendent of Police,

Mayiladuthurai (2008), wherein it was held that the court's commitment to

freedom of expression demands that it cannot be suppressed unless the

situations created by allowing the freedom were pressing and the community

interest was endangered.

Writing the judgment for the Bench, Mr. Justice Chandru had said: "The

anticipated danger should not be remote, conjectural or far fetched, but

should have proximate and direct nexus with the expression. The expression

of thought should be intrinsically dangerous to the public interests and it

should be inseparably locked up with the action contemplated like the

equivalent of a spark in a power keg."

On the Commissioner's other contention that there would be a very thin

police force available on the Independence Day and hence it might not be
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http://www.hindu.com/2008/08/14/stories/2008081461410300.htm (1 of
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The Hindu : Tamil Nadu / Madurai News : Muslim organisations allowed to hold
public meeting

possible to depute it for the meeting, the judge pointed out that the

petitioner forum had not asked for any police protection. It was up to the

Commissioner to provide any security.

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