Madras HC criticises method adopted by Madurai Collector, SP while permitting public meeting – The New Indian Express

By Express News Service

MADURAI: Though the Madurai Bench of Madras High Court refused to stay a public meeting conducted at Othakadai on Sunday evening, it criticised the manner in which the Madurai district collector and Superintendent of Police (SP) granted permission to the meeting.

The meeting, which was conducted by Veera Mutharaiyar Munnetra Sangam, was attended by Chief Minister Edappadi K Palaniswami.

During an urgent hearing on Sunday morning on a Public Interest Litigation (PIL) filed by one Vellathurai of Ezhuchi Tamilargal Munnetra Kazhagam challenging the permission citing health risks, a special bench comprising Justices MM Sundresh and GR Swaminathan said, “We are concerned with the decision-making process as against the decision by itself.”

They stated that the SP did not consider the decision made by the concerned Station House Officer refusing permission to the meeting, while giving his ‘no objection certificate’. Also, the said authority is not the one to be dealing with the pandemic situation, they added. A perusal of the Collector’s communication granting permission would also reveal that he, despite being the district disaster management authority, has not considered the issue independently from the point of view of the pandemic, the judges criticised.

Though the Additional Advocate General (AAG) Sricharan Rangarajan relied on the government orders passed by the Disaster Management department with regard to Covid-19 protocols, the Collector has not made any such reliance in his communication granting permission, they further pointed out. “Perhaps, this is an after thought resulting from the advocacy of the AAG,” they remarked.

Noting that the meeting was scheduled to take place at 4 pm on Sunday and people would have started gathering for the meeting, the judges opined that granting a stay at this point might lead to law and order problems. Also citing that similar meetings have been held with the Collector’s permission, they refused to stay the Othakadai meeting.

However, they directed the Superintendent of Police (SP), Madurai, to get an undertaking affidavit from the organiser that the Covid-19 protocols would be strictly followed and that there would not be any provocative speech during the meeting.

They further said that the undertaking affidavit should also contain the closing time of the meeting. The entire meeting should be videographed, they instructed. Saying that the Collector, SP and the organiser would be held responsible in case of violations, the judges adjourned the matter to February 4 for reporting compliance.

Earlier, the judges expressed doubts about the bonafide of the litigant as to why he had not opposed other meetings conducted in the recent past and how he accessed the official communication sent by the SP to the Collector.