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The High Court of Madras has permitted a social organisation namely ‘Makkal Athikaram’ to conduct a conference against CAA-NRC-NPR, title being “Withdraw CAA-NRC-NPR, which destroys Secularism and basic structure of the Indian Constitution.” This organisation’s Regional Coordinator Chezhiyan, who is the petitioner of the said matter to allow him to hold the conference as the local authorities barred him from conducting the said public conference. The petitioner also cited the law and order situation and thus quashing the order and granted the said permission on the following conditions exclusively imposed by the HC.
The single bench Justice AD Jagadish Chandira held that the following conditions were ought to be followed during the conference. 1. Strict observation of restrictions imposed on the right to speech and expression under Article 19(2) of the Constitution of India (Speaker's to ensure that they do not hurt any religious sentiments/ political/ caste collective parties or affect the sovereignty of India or affect the peace and harmony in the society); 2. No cartoon/ any form of visual representation, that may hurt the Religious Sentiments of any Spiritual group will be used during the conference; 3. The organizer will ensure that there is no blockade to the traffic and that the general public is not disturbed due to loudspeakers used in the conference; 4. If there is any stage to be installed, prior permission and a structural stability certificate should be obtained from Public Works Department; 5. Organizers will not erect any digital banners/pluck cards on either side of the arterial roads, platforms, walkways/major roads and any other roads; 6. If the meeting is stopped or changed by the respondent State Police for any urgency, the organizers shall co-operate with the respondent State Police.
The state authorities contended that the petitioner’s organisation had already misused the similar conditions on the earlier instances. State instated to the court that the organisation shall hold display cartoons t=which would hurt the sentiment of the other caste groups. On hearing the said contentions the court granted the permission to the petitioner and held "If the Constitutionalism has to survive in this country, then it is not just the responsibility of the State but that of everyone of its constituent citizens to carry its spirit in their hearts and souls… It might be that Article 19(2) of the Constitution has empowered the State to make laws to impose reasonable restrictions on the fundamental right to free speech, yet personal responsibility expected of a citizen that he will exercise it within reasonable bounds goes with the very right, even if one were to presume that Article 19(2) does not exist."
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