Chennai: A single judge of the Madras High court on Sunday permitted farmer leader Ayyakannu to stage one-day fast at the Marina beach, but the Tamil Nadu government managed to secure an interim stay against the order by approaching a division bench.
Justice T Raja partially allowed the plea moved by Ayyakannu and directed the state to permit him to stage protest for a day at the Marina over constitution of the Cauvery management board.
The judge refused to accept the state's strong opposition that it would set a wrong precedent and open the floodgates to hundreds of such requests.
The judge observed that Marina would be an apt place than other venues suggested by the state government, including Valluvar Kottam where the public would be put to inconvenience due to traffic jams.
As it was the last working day before the summer vacation for the high court, Additional Advocate General P H Arvind Pandian immediately approached the first bench headed by Chief Justice Indira Banerjee, which advised the government to approach a division bench of Justice S Manikumar and Justice V Bhavani Subbaroyan.
The division bench agreed to hear the plea considering the urgency.
When the hearing commenced, the additional advocate general submitted that the government has stopped permitting protests in Marina since 2003.
A recent fast organised by the ruling AIADMK in which the chief minister and deputy chief minister also participated was permitted only near the government guest house in Chepauk, he submitted.
Pointing out that the state has identified three places in Chennai to organise such protests, Pandian said citizens have every right to stage peaceful protests, but the place of such a protest can only be decided by the city police commissioner as per the Madras City Police Act.
"We are not denying permission for the protest, we just want to decide the place of such protest," he said.
Noting that Marina was a place largely used by the public and fishermen community, Pandian pointed out how a protest staged by a small group turned into a massive protest with thousands of people gathering on the seashore last year. He was referring to the protests demanding conduct of the bull taming sport of Jallikattu.
To this the bench asked what would the authorities do if thousands of people gathered at Valluvar Kottam.
Counsel for the petitioner submitted that Marina has witnessed various protests both pre and post-independence.
Recording the submissions, the bench passed an interim stay against the single judge order.
It directed the authorities to consider permitting the protest in any other place where usually such protests are allowed, if the petitioner approached the government.
Ayyakkannu had moved court after the police denied him and his farmers group permission to go on a 90-day fast at Marina Beach demanding that the Centre set up the Cauvery Management Board.
Ayyakkannu and other farmers have earlier staged protests on the Cauvery issue in New Delhi.
Meanwhile, the Supreme Court has agreed to hear the Centre's plea seeking two more weeks' time to finalise the draft Cauvery management scheme, saying discussions were being held at various levels, including the political executives.
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