Madras High Court allows BJP’s ‘Tiranga rally’ in Tamil Nadu after DMK govt denies permission

On August 14, the Madras High Court allowed the Bharatiya Janata Party (BJP) to hold the ‘Tiranga Rally’ (a bicycle rally with the national flag) in Tamil Nadu on the occasion of the 78th Independence Day, after a petition was filed by A. Krishna Prasath, the Coimbatore district secretary of the BJP Yuva Morcha, seeking permission to hold the same rally on the occasion of the August 15 celebration. Earlier, the police had refused permission for the rally, saying it could lead to law and order disturbances.

Justice G Jayachandran said the decision to deny permission violated fundamental rights. The court also noted that the Congress party was also denied permission by the Dravida Munnetra Kazhagam (DMK) government due to concerns over law and order issues, traffic congestion and damage to the national flag. “Why do citizens have to seek permission from the court every year to hoist the national flag?” the court asked. The state DGP was directed by the court to grant permission for such gatherings provided the organisers provide assurances that traffic and public order rules will not be violated and the flag will not be damaged.

The court said it still wanted to clarify the legal position when the state tried to claim that the issue was not political. However, Deputy Solicitor General J Ravindran persisted in opposing the petition, citing footage of past rallies to support his argument that some participants were not wearing helmets. He alleged that the DCP’s decision to deny approval was not only influenced by the narrowness of the roads and the ongoing construction of the bridge. However, the latter had initially pointed to insufficient information about the route to deny permission.

The petitioner’s counsel mentioned that the registry had rejected a similar application by the BJP leader for rallies across the state due to technical difficulties. Accordingly, the petition was filed only by the Coimbatore functionary. The state’s counsel argued, “It is a joyous occasion and we do not want to stop anyone from celebrating. In fact, we want everyone to celebrate, but there are other ways.” He said that while the state wants to minimise any disruption to drivers, law and order issues should also be avoided and added, “These are sensitive dates and the state must take steps to protect its citizens. 1,700 police personnel were deployed for Independence Day, 60-90 have left for other duties.”

The court said it would consider the interested parties’ submissions, but also questioned the reasoning behind the refusal to allow such events. “If the state wants to add ‘ifs’ and ‘buts’, what message does the citizen receive here? That the state does not want to allow them to hoist or carry the national flag, even though they have the right to do so,” the court said.

The court also said the order would apply only to this one petition, but questioned why people should be forced to appear in court every year. It noted that the state police should not prohibit any type of gathering, including vehicles, bicycles or pedestrians, as long as the flag is displayed in a dignified manner and does not suffer any damage.

The complainant was challenging an August 10 order of the Coimbatore North Deputy Commissioner of Police (DCP) which had denied permission for the rally on several grounds. The complainant’s counsel was allowed to file an eviction motion before the judge during lunch. The former accused the official of giving inconsistent reasons for the refusal during the afternoon session. On August 13, the bench headed by Justice G. Jayachandran granted the government counsel a day to take necessary instructions. However, the court stressed that permission should not be denied if the rallies can be held peacefully without causing disturbance to the public.