On Sunday, the Madras High Court has held a special sitting evening to hear pleas brought by residents, which includes the Founder of a forum called as Indian Makkal Mandram, against the conduct of rallies announced by opposition parties in the state of Tamil Nadu against the Citizenship Amendment Act, 2019.

The bench comprising of Justice S Vaidyanathan and Justice PT Asha passed an interim order the previous Sunday directing that any protest rallies conducted should be monitored.

The Court allowed the use of Police drones in order to fix responsibility if any violence takes place during the demonstration.

The interim order states:

"As an interim measure, in the event of the political parties proceeding with the agitation “DESPITE REFUSAL” there shall be an interim direction to the Police in that the area, including the diverted areas as found mentioned in the pamphlet of the respondents … for which the permission for procession is sought, should be video graphed and the drone technology can also be used for the purpose of recording the demonstration so that the liability can be foisted on the leaders and not on the followers."

In the petition filed, concern was shown regarding the public law and order problem and disturbance to public life which may secure if the rallies were monitored.

Read also : सीएए / कानून को लेकर अफवाहें फैलाई जा रहीं, लोगों को पता ही नहीं वे क्यों प्रदर्शन कर रहे हैं: हाईकोर्ट के पूर्व चीफ जस्टिस

The Court heard the pleas on an urgent basis, given that the rallies are expected to be held on Monday.

Government pleader, Jayaprakash Narayan who appeared on behalf of the State, is reported to have informed the Court that the Police hadn't granted permission for the rallies since the organizing parties hadn't responded to a query regarding whether they would take responsibility for the violence that may possibly follow during the protest.

It observed:

Read also : High Court upholds Enhanced Relief for Kin of Dalit Girl who Killed Self

"The evasive manner in which a responsible political party has answered the queries gives rise to a doubt in the mind of the Court that the leaders, who are spearheading the agitation are reluctant to take responsibility in the event of any damage to the public property or any untoward incident."

The Court also recorded the State's submission that if any unauthorized rallies are conducted, due action will be taken to maintain law and order.

It said:

"When this Court posed a question that in case the scheduled agitation takes place, despite the rejection order, the learned Government Pleader has stated that the State machinery will take care of the same and the Police will certainly prevent such procession and take adequate measure so as to ensure that law and order is maintained."

The Court though has also clearly observed that the protests can't be stifled in a democracy.

Read also : High Court rejects Cop’s Plea against Dismissal from Service

It noted, 

"In a democratic country, a peaceful demonstration cannot be prevented, as it is the backbone of the democratic setup."

The Court though in order to keep a check on any illegal activity that could take place during any protest that may be conducted, has directed that the Police use drones to monitor the protest rallies.

The matter has been posted for further hearing on Dec 30