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Tuesday, October 15, 2013
Madras HC stays police show cause notice to DFB leader
The Madras High Court Bench here has stayed a show cause notice issued by police sub-inspector to Desiya Forward Bloc founder leader for initiating action under CrPC section 107 (apprehension of breach of peace) ahead of anniversary of freedom fighter Pon Muthuramalinga Thevar.
Hearing a petition by B T Arasakumar, Justice T Raja ordered the interim stay and issued notice to the SI of Abiramam police station.
Petitioner sought to set aside the notice on the ground that the SI did not have the authority to issue it.
Arasakumar submitted that he had challenged an order issued by the District Collector on September 8 prohibiting entry of hired and tourist vehicles ferrying people to take part in the Thevar Guru Pooja slated later this month by invoking section 144 (1) of CrPC.
His statutory appeal against the order on the ground that it violated the fundamental rights under Art 19 (1) (d) of the Constitution was pending before the Collector, he said.
Against this background, the sub-inspector had issued the show cause notice on Oct 10 seeking an explanation from the petitioner as to why proceedings should not be initiated him for trying to breach the peace and tranquility of the area.
Arasukumar contended that as per Section 20 of the CrPc, the Revenue Divisional Officer only had the authority to issue such show cause notice. Hence he sought to set aside the notice issued by the sub-inspector.
The police had banned entry of people from other districts by hired vehicles for the guru pooja (birth and death anniversaries both falling on October 30) of Thevar, a highly revered leader among the backward class Thevar community, in view of past violence during the event.