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HC directs TN not to permit rallies on Babri demolition from

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Madurai: The Madras High Court today directed the Tamil Nadu government not to accord permission to any organisation to conduct demonstration or protest rallies to mark the anniversary of Babri Masjid demolition from 2016.

Justice S Vaidyanathan, disposing of a petition filed by S Sankar Ganesh, district secretary of Hindu Munnani organisation, seeking permission to hold demonstration demanding to build a Ram temple at Ayodhya, said giving nod to such demonstrations was “wastage of public money, time and deployment of forces, which can well be avoided”.

He also said the Chief Secretary, the Home Secretary and the DGP should send a circular to the police officials intimating not to grant permission on December 6, from 2016 within one month.

Referring to the granting of permission by the police for two other organisations, including Popular Front of India and Indian National League, the judge said, “In this case it is seen that the police have granted permission to two other organizations, namely, PFI and INL for conducting demonstration and rally, and it is not known on what ground the such permission was not granted to the petitioner.”

Once the State decided not to give permission to the petitioner the same rule is applicable to others also, standing on the same footing, the judge said.

“If the court finds that quasi judicial powers have not been equally and unbiasedly exercised, then the question of interference arises and the principle of Wednesburly (unreasonableness) would arise,” the court said.

However, the judge said that it was for the police to consider the representation of the petitioner before 5.30 PM on December 5, keeping in mind all the factors.

In case the police was declining the request of the petitioner, they should record the reasons and grounds for rejection in the said order, and they should also justify the stand for the grant of permission for two other organisations.

In case the petitioner was ready to conduct the agitation on some other date, time and place, it was open to the police consider the same within their limit, the judge said.

He said police should videograph the entire demonstration and rally being conducted by PFI and INL to keep a close watch of the area.

The court did not want express any opinion on the granting of permission for PFI and INL as they were not party to the petition, the judge said.

The judge also said that there was no justification for the petitioner to use loud speakers during the demonstration