“Permission Granted with Conditions”: Madras High Court Allows Indu Makkal Katchi to Garland Ambedkar Statue, Says “Violation Will Be Viewed Seriously”
Safiya Malik
The High Court of Judicature at Madras Single Bench of Justice G.K. Ilanthiraiyan directed the police authorities to permit the petitioner, the founder and State President of a political party, and 25 members to garland the statue of Dr. B.R. Ambedkar on the occasion of his 135th birth anniversary. The Court issued the direction after recording a formal undertaking submitted by the petitioner, which bound the participants to specific conduct-related conditions during the commemorative event.
The High Court of Judicature at Madras Single Bench of Justice G.K. Ilanthiraiyan allowed a writ petition seeking permission and police protection for a commemorative garlanding event at the Ambedkar Memorial Hall in Chennai on 14 April 2025. The Court directed the respondent police authorities to permit the petitioner, a political organisation’s founder, and 25 members to proceed with the garlanding ceremony between 4:00 p.m. and 4:30 p.m., subject to adherence to an undertaking submitted by the petitioner. The petition was disposed of with conditions and a warning of legal consequences in case of violation.
The petitioner sought issuance of a writ of mandamus under Article 226 of the Constitution of India to direct the police authorities to consider a representation dated 20 March 2025. The request was made for granting permission and police protection to garland the statue of Annal Dr. B.R. Ambedkar at the Ambedkar Memorial Hall, Raja Annamalaipuram, Chennai, between 4:00 p.m. and 4:30 p.m. on 14 April 2025, marking his 135th birth anniversary.
The petitioner submitted that the event would involve himself, the founder and State President Shri Arjun Sampath, and 25 members of the Indu Makkal Katchi, Tamil Nadu. The petitioner approached the High Court after no action was taken on the representation addressed specifically to the seventh respondent, the Inspector of Police (Law and Order), Pattinambakkam Police Station.
The learned Government Advocate (Criminal Side) representing the respondents opposed the plea on the grounds that granting permission might cause disturbance to public order and peace.
The petitioner, through counsel, submitted that a formal affidavit of undertaking had been filed, wherein strict commitments were made not to engage in any provocative or disruptive activity. The counsel argued that the earlier undertakings had been honoured and that the present request was consistent with past practice.
The affidavit of undertaking included specific assurances not to raise slogans, play instruments, wear symbolic attire or marks, or cause any public disruption. It further included a willingness to wear identification cards and travel to the site via a police vehicle.
Justice G.K. Ilanthiraiyan considered the petitioner’s affidavit and found that the event, being limited in scope and duration, could be permitted under strict conditions. The Court recorded:
“Considering the representation given by the petitioner and the fact that in similar circumstances, this Court is of the considered view that the petitioner may be granted with the permission as prayed for.”
The Court noted that the petitioner had explicitly agreed to the following terms as part of the undertaking:
- I undertake that I and my organisation would not raise any slogan/s and speech against anyone;
- I undertake that I and my organisation would not play any instrument;
- I undertake that I and my organisation would not cause any hindrance to the traffic or general public;
- I undertake that I and my organisation would not wear ‘Kavi Dhoti’ or Sandal Thilagam or Kum Kum or Vibuthi to the Annal Ambedkar Statue;
- In lieu of garlanding Annal Dr. Ambedkar Statue, Members of Indu Makkal Katchi were agreed to wear ID Cards and also to travel through police vehicle.”
The Court concluded:
“In view of the above undertaking given by the petitioner, this Court is inclined to grant permission to the petitioner and the founder and State President Shri Arjun Sampath along with 25 members to garland the statue of Annal Dr. Ambedkar... with the following conditions.”
Justice G.K. Ilanthiraiyan issued the following final directive:
“This Court is inclined to grant permission to the petitioner and the founder and State President Shri Arjun Sampath along with 25 members to garland the statue of Annal Dr. Ambedkar, situated at Ambedkar Memorial Hall, Raja Annamalaipuram, Chennai 600028 on 14.04.2025 between 04.00 p.m. and 04.30 p.m. with the following conditions:”
- They would not raise any slogan/s and speech against anyone;
- They would not play any instrument;
- They would not cause any hindrance to the traffic or general public;
- They would not wear ‘Kavi Dhoti’ or Sandal Thilagam or Kum Kum or Vibuthi to the Annal Ambedkar Statue;
- The petitioner and others shall appear before the seventh respondent at 03.30 p.m., and thereafter they shall travel in the vehicle provided by the seventh respondent to the venue.
The Court further ordered:
“Taking into consideration of the undertaking given by the petitioner, the respondents may be directed to give police protection.”
Concluding the proceedings, the Court stated:
“This writ petition stands disposed of on the terms of undertaking given above. The affidavit of undertaking given by the petitioner shall form part of the order. In violation of the conditions imposed by this Court by the petitioner and other 25 members will be viewed seriously and it is open to the respondents police to initiate appropriate legal action as per law. No costs.”
Advocates Representing the Parties
For the Petitioner: Mr. S. Venkateswaran
For the Respondents: Mr. A. Gopinath, Government Advocate (Crl. side)
Case Title: A. Arunkumar v. The Home Secretary to Government and Others
Case Number: W.P. No.12879 of 2025
Bench: Justice G.K. Ilanthiraiyan
[Read/Download order]
