Court Overturns Police Denial, Emphasizes Citizens' Right to Peaceful Assembly and Expression
In a significant ruling, the Madras High Court has quashed the police's arbitrary denial of permission for a National Flag Yatra proposed by J. Ramesh Kumar, a member of the Bharatiya Janata Party, in Coimbatore. The court underscored the fundamental rights of citizens to express national sentiment by carrying and hoisting the National Flag, which are protected under Articles 19(1)(a) and 19(1)(b) of the Constitution of India.
Justice V. Lakshminarayanan presided over the case where the petitioner sought permission to conduct a Tricolor Flag Yatra on 13 August 2026. The police had denied the request, citing potential law and order issues and public inconvenience. However, the court found this reasoning insufficient and a violation of the fundamental rights under Articles 19 and 14, which guarantee freedom of expression and equality before the law.
The court highlighted that the right to carry the National Flag is both a fundamental right and a fundamental duty, as reaffirmed by the Supreme Court in the landmark case of Union of India v. Naveen Jindal. Justice Lakshminarayanan noted that the police's role should be to facilitate and support such national events rather than impose unwarranted restrictions.
Further, the court examined the applicability of the Standard Operating Procedure (SOP) outlined in G.O.Ms.No.5, Home (Police-VIII) Department, Government of Tamil Nadu. The SOP, intended for gatherings exceeding 5000 participants, was wrongly applied to this case, which involved fewer participants.
In a conciliatory move, both parties agreed on an alternative route for the Yatra, which the police accepted, allowing the event to proceed on 18 August 2026. The court's decision reinforces the citizens' right to assemble peacefully and express their national pride, urging authorities to respect these rights and avoid unnecessary legal hurdles.
Bottom Line:
Permission for conducting a National Flag Yatra cannot be arbitrarily denied by the police. Denial of such permission on the grounds of law and order is a violation of the fundamental rights under Articles 19(1)(a) and 19(1)(b) of the Constitution of India.
Statutory provision(s): Articles 19(1)(a), 19(1)(b), 14, and 51A(a) of the Constitution of India, G.O.Ms.No.5, Home (Police-VIII) Department, Government of Tamil Nadu
J. Ramesh Kumar v. State of Tamil Nadu, (Madras) : Law Finder Doc id # 2961962
