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2025 DAILYLAW 178222 (MAD)

A.ARUNKUMAR v. The Home Secretary to Government

WP Crl./1464/2025 · 2025-11-27

A D Jagadish Chandira

Writ Petition (Criminal)body2025

Judgment text

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W.P.Crl.No.1464 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.11.2025 CORAM: THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.(Crl.)No.1464 of 2025 A.Arunkumar ... Petitioner Vs. 1. The Home Secretary to Government, Secretariat, Chennai – 600 009. 2. The Secretary to Government, Tamil Development and Information Department, Secretariat, Chennai – 600 009. 3. The Director General of Police, Dr.Radhakrishna Road, Chennai – 600 004. 4. The Commissioner of Police, Greater Chennai City Police, Vepery, Chennai – 600 007. 5. The Deputy Commissioner of Police, Mylapore Police Station, Chennai – 600 004. 6. The Assistant Commissioner of Police, Mylapore Police Station, Chennai – 600 004. 1/16 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1464 of 2025 7. The Inspector of Police (Law and Order), E5, Pattinambakkam Police Station, Pattinambakkam, Chennai – 600 028. ... Respondents PRAYER: Writ Petition (Criminal) is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or direction in the nature of writ, to direct the respondents to consider the petitioner’s representation dated 04.11.2025 more particularly, the seventh respondent for granting permission and adequate police protection for the petitioner and the founder and state president Arjun Sampath along with 25 members of Indu Makkal Katchi Tamil Nadu on 06.12.2025 the 69 th Death Anniversary of Annal Dr.Ambedkar to garland the statue of Annal Dr.Ambedkar situated at Ambedkar Memorial Hall, Raja Annalamaipuram, Chennai – 600 028 on 06.12.2025 between 4.00 pm., to 4.30 pm. For Petitioner : Mr.A.Arunkumar (Party-in-Person) For Respondents : Mr.K.M.D.Muhilan Additional Public Prosecutor O R D E R The present Writ Petition (Criminal) has been filed seeking a direction to the respondents to provide police protection to the petitioner and his party members on 06.12.2025 for garlanding Dr. Ambedkar’s statue 2/16 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1464 of 2025 on his 69 th death anniversary, by considering the petitioner’s representation dated 04.11.2025. 2. The case of the petitioner who is appearing as party-in- person is that he is a practicing Advocate of the Madras High Court, a Social Worker and the President for Chennai North Zone Advocates Wing of the Indu Makkal Katchi (Tamil Nadu). The petitioner, along with his party members, intends to pay homage on the 69 th death anniversary of Annal Dr.Ambedkar by garlanding his statue installed at Dr.Ambedkar Memorial Hall, Raja Annamalaipuram, Chennai, on 06.12.2025. 3. It is the further case of the petitioner that on earlier occasions, when he and his party members had gone to garland the statue, they were intercepted by cadres belonging to the Vidhuthalai Siruthaigal Katchi and the Bahujan Samaj Party, resulting in a ruckus. Therefore, to avoid such circumstances, in an earlier order, this Court allowed the petition seeking a similar prayer, based on the undertaking given by the petitioner. 3/16 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1464 of 2025 Hence, he prayed for a similar order. He has also produced the Undertaking Affidavit of the petitioner. 4. Learned Additional Public Prosecutor submitted that on the earlier occasions, the petitioner and his associates had created unnecessary and unwanted problems by attempting to raise slogans and attempting to clothe the Dr.Ambedkar’s statue with saffron dothi, sandal thilagam, kumkum and vibuthi. Consequently, a dispute arose between cadres belonging to the other parties and a case was also registered by the respondent Police. He further submitted that the petitioner and his members had also placed digital banners depicting Dr.Ambedkar in saffron attire with vibuthi and therefore, the respondents apprehend that a similar situation may arise. Hence, an additional condition may be imposed restraining them from placing banners containing photoshopped images of Dr.Ambedkar, suiting their ideologies. 5. The scanned copy of the Undertaking Affidavit filed by the 4/16 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1464 of 2025 petitioner before this Court is reproduced hereunder:- 5/16 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1464 of 2025 6/16 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1464 of 2025 7/16 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1464 of 2025 8/16 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1464 of 2025 9/16 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1464 of 2025 10/16 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1464 of 2025 6. The petitioner, party-in-person, undertakes to follow the instructions issued by the Police. The petitioner and his party members are also ready to assemble one hour in advance at the office of the seventh respondent, furnish their identity details and proceed to the venue in the vehicle provided by the respondent police. 7. Further, the petitioner submitted that though permission was sought from 4.00 p.m. to 04.30 p.m., they are ready to proceed between 04.30 p.m and 05.30 p.m. to the venue. He only prayed that the leader of the party may be taken in a separate police vehicle. 8. Heard both sides and perused the materials available on record. 9. The Petitioner, as a member of an organization, is entitled to pay homage to the great leader. He has also given necessary undertaking to 11/16 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1464 of 2025 abide by the conditions and has also filed an Affidavit of Undertaking. So long as the intentions of the petitioner and his party members are genuine, they may be permitted to pay their respects. 10. In view of the above, the respondent concerned shall accord permission in terms of the Affidavit of Undertaking. It is made clear that the petitioner and his associates shall strictly comply with the Affidavit of Undertaking and shall not place any banners containing photoshopped pictures of Dr.Baba Saheb Ambedkar. 11. There shall not be crowding of party cadres near the police station or at the venue, other than the persons mentioned in the Affidavit of Undertaking. The respondents shall videograph the entire process. In the event of breach of any of the above undertakings given by the petitioner, the respondents are entitled to take appropriate action in accordance with law. 12/16 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1464 of 2025 12. Accordingly, this Writ Petition (Criminal) stands disposed of in terms of the Affidavit of Undertaking given above. The Affidavit of Undertaking filed by the petitioner, party-in-person, shall form part of the Court records. No costs. 27.11.2025 ham Neutral Citation: Yes/No 13/16 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1464 of 2025 To 1. The Home Secretary to Government, Secretariat, Chennai – 600 009. 2. The Secretary to Government, Tamil Development and Information Department, Secretariat, Chennai – 600 009. 3. The Director General of Police, Dr.Radhakrishna Road, Chennai – 600 004. 4. The Commissioner of Police, Greater Chennai City Police, Vepery, Chennai – 600 007. 5. The Deputy Commissioner of Police, Mylapore Police Station, Chennai – 600 004. 6. The Assistant Commissioner of Police, Mylapore Police Station, Chennai – 600 004. 7. The Inspector of Police (Law and Order), E5, Pattinambakkam Police Station, Pattinambakkam, Chennai – 600 028. 8. The Public Prosecutor, High Court of Madras. 14/16 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1464 of 2025 A.D.JAGADISH CHANDIRA , J. ham W.P.Crl.No.1464 of 2025 15/16 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1464 of 2025 27.11.2025 16/16 https://www.mhc.tn.gov.in/judis