"No One Above Law": Court Orders Making Rules For Rallies By Political Parties

The Madras High Court on Wednesday directed the Tamil Nadu government to frame uniform guidelines applicable to all political parties for granting permission to hold rallies and public meetings, while also ordering the inclusion of provisions to collect deposits towards possible damage to public property.

The direction came during the hearing of a petition filed by the Tamilaga Vettri Kazhagam (TVK), led by actor Vijay, which alleged that police had imposed "tough and unfulfillable conditions" for its rallies, unlike those applied to other parties.

Senior advocate V Raghavachari, appearing for TVK, argued that officials had stipulated unreasonable restrictions, including directing how and where party cadres should return after a rally, capping the number of vehicles, and even imposing conditions that pregnant women and specially-abled should not attend the event. "How can we tell them not to come?" he asked, contending that such selective conditions amounted to discrimination.

Hearing the submissions, Justice N Sathish Kumar questioned whether such conditions were being applied to all parties. "No one is above the law. Public meetings must be conducted within legal limits. If traffic is completely blocked, won't the public suffer?" the judge observed.

The court also took serious note of alleged damage to public property during TVK's rally in Tiruchi on September 13. Police presented photographs from the event showing cadres climbing structures and causing disruptions. "If something untoward had happened, who will take responsibility? As party president, Vijay ought to control the crowds," the judge said, asking whether compensation had been collected for the damage.

The judge further advised that leaders should set an example by urging pregnant women and persons with disabilities to avoid such large gatherings in the interest of safety.

Directing the state to draft comprehensive rules, the court said guidelines should mandate a deposit from parties to cover possible losses. The government has been asked to file its report by September 24.

The petition was originally filed by TVK deputy general secretary CTR Nirmal Kumar, seeking directions to the Director General of Police (DGP) to ensure that applications for rallies are considered without bias across Tamil Nadu. TVK has announced that Vijay will campaign every Saturday and Sunday from September 20 to December 20 across the state.

The Tamil Nadu Assembly elections are slated to be held next year.