MADURAI: The Madurai Bench of the Madras High Court on Friday directed the state government not to permit any public meetings or other gatherings on state or national highways in Tamil Nadu till the government frames Standard Operating Procedures (SOPs) in this regard.
A vacation bench comprising justices M Dhandapani and M Jothiraman gave the direction while disposing of four Public Interest Litigations (PILs) that sought framing of SOPs in view of the Karur stampede.
The judges observed that permission granted by law enforcing agencies to conduct public meetings is not governed by any law or statute. While a temporary provision is available under the Tamil Nadu State Highways Act for granting permission subject to payment of rent, no such provision is available under the National Highways Act, they noted.
“In such a backdrop, this court is at a loss to understand as to the source of power, which has been wielded by the district agency or law enforcing agency to grant permission for conduct of public meetings on the State Highways or National Highways,” the judges said, adding that granting such a permission without power or authority at the mere asking of a political party has put the lives of numerous people in peril as has been witnessed in the Karur incident.
Noting that the issue of absence of SOPs is already sub judice before the Principal Seat and the state had already been directed to frame SOPs, the judges disposed of the PILs by granting liberty to the petitioners to implead themselves in the case.
However, till such time, the government should not permit any public gatherings on state and national highways, except the places earmarked for the purpose. They should be allowed, subject to the condition that the organisers give an undertaking that they would arrange basic facilities like drinking water, sanitation, emergency exits, and pathways for ambulances, among others. The law enforcing agency should ensure that the conditions are fulfilled and no hindrance is caused to vehicle movement or the public, the court said.