The Madras High Court Today (Aug 14) permitted the workers of BJP to hold bike rallies with the national flag across Tamil Nadu on Thursday on the day of Independence. Justice G Jayachandran said the decision to deny the permission was violative of fundamental rights. The secretary of BJP Yuva Morcha, had challenged the August 10 order of the police denying permission for such bike rally.
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Chennai: The Madras High Court on Wednesday granted permission to Bharatiya Janata Party (BJP) workers to hold bike rallies across Tamil Nadu with the national flag on the occasion of Independence Day.
Justice G Jayachandran ruled that the earlier denial of permission by the authorities was a violation of fundamental rights.
The Court noted that the Dravida Munnetra Kazhagam (DMK) government had previously denied similar permissions to the Congress, citing concerns over potential law and order issues, traffic disruptions, and possible damage to the national flag.
In response to this, the Court questioned,
“Why must citizens have to take the court’s permission every year to hoist the national flag?”
The Court directed the State Director General of Police (DGP) to allow such rallies, provided the participants ensured that the national flag would not be damaged and that traffic and law and order would be maintained.
The Court expressed its concern over the necessity for citizens to seek judicial intervention every year to exercise their right to celebrate the national flag.
When the State government attempted to argue that the issue was not politically motivated, the Court maintained its stance, indicating the need to clarify the position of law regardless of political context.
However, Additional Advocate General J Ravindran continued to oppose the rallies, presenting photos from previous events where some participants were not wearing helmets.
Ravindran argued,
“It is a joyous occasion and we don’t want to prevent anyone from celebrating. In fact, we want everyone to celebrate, but there are other ways.”
He added that while the State did not wish to inconvenience motorists, it had to consider the prevention of potential law and order issues.
He further emphasized,
“These are sensitive dates and the State must take steps to protect its citizens. 1,700 police personnel deployed for Independence Day, 60 or 90 personnel left for other work.”
The Court acknowledged these concerns but questioned the rationale behind the decision to deny permission for the rallies.
The judge asked,
“If the State wants to add ifs and buts… what is the message that the citizen is getting here? That the State does not want to allow them to hoist or carry the national flag even though they have a right to do so?”
The Court clarified that its order was specific to the present petition and reiterated its concern about citizens having to approach the Court annually for such permissions.
The petition, filed by A Krishna Prasath, the Coimbatore district secretary of BJP Yuva Morcha, challenged an August 10 police order that denied permission for the bike rally. The Court ruled in favor of Prasath, allowing the rally to proceed.
Additionally, the Court recorded in its order that the State police should not prohibit any rally, whether on foot, bikes, or cars, as long as the national flag is displayed with dignity and without damage.
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