@JUDGMENTTAG-ORDER
1. The writ petitioner is a designated Senior Advocate of this Court and he has filed this Public Interest Litigation, praying for issuance of a Writ of
Mandamus forbearing the respondents, their men, agents or their subordinates from in any manner restricting the public from honoring the Father of
Nation Mahatma Gandhi statute at Marina Beach from the morning hours on the death and birth anniversary viz., 30th January and 2nd October
respectively of every forthcoming year except for the interval of 10 to 15 minutes for the visit of His Excellency, The Governor of Tamil Nadu and
the Hon''ble Chief Minister of Tamil Nadu. The petitioner, in the affidavit filed in support of this writ petition, avers that his father was a freedom
fighter and he suffered 3 years jail term for participating in the Quit India Movement which took place between 1942 and 1945. The petitioner has
stated among other things that the birth anniversary of the Father of Nation - Mahatma Gandhi falls on 2nd October and Mortuar day falls on 30th
January and it has become the habit on the part of police to completely prohibit people from coming in any way near the statue of the Father of
Nation at Kamarajar Salai, opposite to the office of the Director General of Police, on the pretext of VIPs and VVIPs visit. The petitioner would
further aver that on 30.01.2013 more than 1000 children dressed like Mahatma Gandhi and they were about to start their march from
Vivekanandar House from 8.30 a.m. to Gandhi statue to pay their obeisance before the statue of Mahatma Gandhi situated in the above place and
to take pictures, but they were informed by the police personnel that they could do so only after the visit of very very important personalities.
However, the visit of VIPs and VVIPs was only at about 10.30 a.m. and all along, young children were made to stand in hot sun and some of
them also fainted. It is also stated by the petitioner that for the purpose of VVIPs visit to garland the statue of Mahatma Gandhi, vehicular traffic
was stopped and diverted and the petitioner do not know whether the dignitaries were made aware of the same or not. According to the
petitioner, these kind of things are not taking place in the neighbouring states namely, Andhra Pradesh, Karnataka and Kerala and it happens only
in this State and therefore, came forward to file this writ petition.
2. The Joint Commissioner of Police East, Greater Chennai Police, has filed a counter affidavit on behalf of the third respondent namely,
Commissioner of Police, Greater Chennai City Police, and he has denied the averments made in the affidavit filed in support of the writ petition and
would further state that every year on 2nd October and 30th January, being the birth and death anniversary of the Father of Nation, many
dignitaries from various walks of life including His Excellency, The Governor of Tamil Nadu and the Hon''ble Chief Minister of Tamil Nadu, used
to pay respect by garlanding the Mahatma Gandhi statue. It is further stated that some of the dignitaries are under special security cover and
therefore, necessary and mandatory directions have to be taken as per the guidelines issued by the Central and State Government and only during
the time of visit of persons, who are under the special security cover, movement of public near the statue of Mahatma Gandhi is regulated to
prevent any untoward incident. The said official would further aver that it is also the bounden duty of the police to protect VIPs and VVIPs in the
prevailing situation and consequently, their acts cannot be termed as unconstitutional. The third respondent is also very categorical that the free
movement of general public to pay homage to the Father of Nation would not be disturbed and will be regulated during the time of the visit of
VVIPs and VIPs and that too for a short duration and further aver that there is no intention on their part to prevent or prohibit the general public to
pay respect to the departed noble soul and hence, prays for dismissal of this writ petition.
3. Mr. R. Gandhi, learned Senior Counsel appearing as petitioner/party-in-person has invited the attention of this Court to the averments made in
the affidavit filed in support of the writ petition and vehemently contended that the Father of Nation has led a very simple life and on his birth and
death anniversaries, people from all walks of life used to pay obeisance to him and under the guise of visit of VVIPs and VIPs, the general public
are prevented from paying respect and it against the principles practiced by the Father of Nation. The learned Senior Counsel has further drawn
the attention of this Court to Para No. 6 of the affidavit and submitted that 1000 small children, who were in the attire of the Father of Nation,
were prevented from paying their respect and were made to wait in the hot sun nearly for two hours and unable to bear with the same, some of the
students also swooned and the act of the police personnel in preventing them from paying respect to the statue of the Father of Nation was nothing
but cruel. Lastly, it is submitted by the learned Senior Counsel that in the near future, the visit of important dignitaries is to be regulated, so that
people from all walks of life including the poor and down trodden can pay respect on those two occasions.
4. Per contra, Mr. T.N. Rajagopalan, learned Special Government Pleader would submit that it is not the intention of police to prevent the general
public from paying respect to the Father of Nation and since on the birth and death anniversaries of the Father of Nation, VVIPs and VIPs
including His Excellency, The Governor of Tamil Nadu and the Hon''ble Chief Minister of Tamil Nadu used to garland the statue of Mahatma
Gandhi situated at Kamarajar Salai and since they are under special security cover, the police is under duty to prevent any untoward incident and
only they are regulating the movement of public near the statue of Mahatma Gandhi, till they left the place. It is the further submission of the learned
Special Government Pleader that in the counter affidavit filed on behalf of the third respondent, necessary assurance and undertaking has been
given that free movement of the general public to pay homage to the Father of Nation would not be disturbed and it is only regulated during the
time of visit of VVIPs and VIPs that too for a short duration and hence, prays for dismissal of the writ petition.
5. This Court has carefully considered the submissions of the petitioner/party-in-person and the learned Special Government Pleader and also
perused the materials placed before it.
6. Admittedly, His Excellency, The Governor of Tamil Nadu and the Hon''ble Chief Minister of Tamil Nadu are under special security cover and at
the time of their visit for the purpose of garlanding the statue of the Father of Nation at Kamarajar Salai, opposite to the office of the Director
General of Police, police personnel are duty bound to provide necessary protection and adequate security and only for that purpose, they are
regulating the traffic. It is the vehement and forceful submission of the petitioner/party-in-person, who is also a designated Senior Advocate of this
Court, that on 30.01.2013, not only number of small children were made to wait in the hot sun, but also Thiru Kalyanam, Former Secretary of
Mahatma Gandhi and he has fainted by the action of the police personnel and therefore, necessary direction may be given to police personnel to
avoid such kind of inconvenience.
7. No doubt, the lives of VVIPs and VIPs, who are under special security cover, are to be protected, but at the same time, the sentiments of the
general public are also to be respected. Therefore, it is the duty of the third respondent to take necessary and possible steps so as to enable the
public hailing from all walks of life to pay respects to the statue of the Father of Nation-Mahatma Gandhi, installed at Kamarajar Salai, opposite to
the office of the Director General of Police, without any discomfort/minimum inconvenience. The third respondent has also given such a kind of
assurance in para No. 8 of the counter affidavit. In the result, this Writ Petition is disposed of, directing the third respondent to take necessary
steps so as to enable the people from all walks of life to pay respect/honour to the statue of the Father of Nation-Mahatma Gandhi, situated at
Marina Beach on the birth anniversary on 2nd October and death anniversary on 30th January with least and minimum inconvenience. No costs.
Consequently, the connected miscellaneous petition is closed.
