CHENNAI: The Madras High Court has directed the Tamil Nadu government to file its response in a writ petition filed by the Tamilaga Vettri Kazhagam (TVK), challenging the guidelines issued by the State regulating processions and rallies conducted by political parties.
The guidelines were framed following a stampede during a public interaction programme organised by TVK in Karur, in which 41 people lost their lives.
Pursuant to the directions of the High Court, the State formulated guidelines governing the conduct of political roadshows and notified them in the government gazette on January 5.
TVK joint general secretary CTR Nirmalkumar had filed a writ petition before the Madras High Court challenging the said guidelines.
When the matter came up for hearing before a Division Bench comprising Chief Justice MM Shrivastava and Justice G Arul Murugan, Senior Counsel PV Balasubramaniam, appearing for the petitioner, contended that granting priority to recognised political parties amounts to discrimination and that the State has impermissibly shifted its obligations relating to security arrangements onto the political parties.
Intervening, the Chief Justice questioned the basis of the challenge, observing that the guidelines were framed in the aftermath of the unfortunate incident at Karur and in compliance with the High Court's earlier directions.
The Bench further remarked that several political parties sprout like mushrooms merely to avail income tax exemptions without contesting elections. Thus, parties with a long-standing history of contesting multiple elections and securing representation in Parliament and the Legislative Assembly cannot be faulted for being accorded priority, it said.
The CJ also sought clarification as to the number of elections contested by TVK.
Appearing for the State, Additional Advocate General J Ravindran submitted that TVK had already conducted two meetings under the impugned guidelines and further pointed out that the guidelines apply to gatherings exceeding 5,000 participants; however, to circumvent the regulations, applications are allegedly being submitted indicating an attendance of 4,998 persons.
He explained that in case multiple parties seek permission for the same venue on the same date, priority is accorded to recognised political parties; failing which, preference is given on a first-come, first-served basis.
It further submitted that after a heat-related death in Salem, precautionary measures such as erecting overhead coverings were implemented during a subsequent event in Vellore.
The Bench queried why the State could not consider receiving applications through an online mode. Directing the State to file its counter-affidavit within three weeks in the petition filed by TVK, the Court adjourned the matter for further hearing.