Lawfully yours: By Retired Justice K Chandru | Political events are central to functioning democracy, not to be gagged by judiciary

Political events are central to functioning democracy, not to be gagged by judiciary

The Madras High Court had earlier asked why political parties should not be directed to pay rent for using public spaces to conduct meetings and rallies, besides the costs to the police department for deploying its personnel for security purposes. Recently, it also emphasised the need to frame guidelines for collecting security deposits from political parties whenever they intend to hold public meetings or such other events, and use the money to compensate for the loss caused to public/private properties by party cadres. But are there any mechanisms for implementing these directions that can be leveraged by the judiciary, government, and citizens? Are court directions on political rallies so difficult to enforce against political parties?

— Selvaganesh, Tiruvarur

This is not the first time courts have attempted to regulate several activities of the political parties. Kerala HC has banned dharnas, bandhs, and meetings in public places. Now it is the turn of the Madras High Court to start with strikes and has now ended up with flag poles. First of all, the courts are not the forum to start with such gag orders. Soon, we will have no political space in which political parties will have no democratic space in this Republic. There is already a law to deal with damage to public properties. The only thing is that the said law is hardly put to use by the police. There is a law to show self-restraint in the matter of granting such orders.

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Police action can be initiated for harassment based on false or invalid claims on property

I have landed in a dispute with a person who claims to be my deceased father’s partner, over a land I legally got as an heir. The case dates back to the 1960s, when the person was informally associated with my father in the business of selling wood. After a few years, he moved away to pursue another business, and my father solely carried on the trade until his death five years ago. More than a year after I sold off a property I bequeathed as the only heir, he is now demanding a share from the sale proceedings. Even though the documents are clearly in my name, he is resorting to kangaroo courts. He is threatening to file a case and says he will drag the issue into the courts. Can such a claim be made with such a long delay? That too, after my father’s demise and me having the documents clearly in my name?

— R Ramachandran, Kolathur, Chennai

Tell your father’s friend that he will get nothing out of such litigation. Perhaps that’s why he is attempting to bring extra legal pressures on you. If it exceeds the limit, file a police complaint. There is no law by which he can make you part with any amount on the basis that he had advanced money to your father. Besides, such claims are clearly barred by the law of limitation.