By H Ramakrishnan More Loyal Than The King!

"First of all, this Inspector of Police does not know what his Constitution is. Everything is denied by him. Even the Constitution will be denied. If given all the powers, the police might not allow anybody to hold demonstrations. " This what Justice K. Chandru of the Madurai Bench of the Madras High Court said, while allowing a writ petition filed by the district secretary of AIADMK seeking permission to All India Anna Dravida Munnetra Kazhagam cadres to hold a demonstration in front of the District Collectorate in Nagercoil, seeking the dismissal of N. Suresh Rajan, Minister for Tourism and Registration. This report in a section of the press is shocking, to say the least.

K T Pachamal, Kanyakumari district secretary of the AIADMK, in his petition had submitted that the Vadaserry police had registered a case against Suresh Rajan on a complaint by Special Deputy Collector S Janarthanan under the Prevention of Atrocities Against SC/ST Act.



The High Court directed the Deputy Superintendent of Police, Nagercoil sub division, Kanyakumari district to permit the AIADMK to hold the demonstration on August 25. The Judge said that "it is very sad" that a police Inspector had in his counter affidavit stated that the demonstration was not permitted because the police had to provide security to VIPs. The officer also stated that refusing permission for demonstration would not affect any of the fundamental rights of a citizen. This is what I referred to as 'shocking.'

While pointing out that in Kerala, even the Legislative Assembly has a gate allocated exclusively for holding peaceful protests, the Judge said holding a demonstration was a part of the fundamental right to freedom of speech and expression and to assemble peacefully without arms is guaranteed under Article 19(1)(a) and (b) of the Constitution.

The crux of the issue here is, the police knows that under the law of the land, holding a peaceful demonstration is permissible. However, since the proposed demonstration is by the opposition party, it was hesitant to permit it and earn the 'displeasure' of the ruling party. Our police force has been so politicised that anything against the Government is seen as against the State. They seem to be more loyal than the king. It is time we educate our police force that that there cannot be any democracy without the opposition!

More Articles August 20th, 2008

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