D.Rajkumar v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 07.01.2020
CORAM
THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.206 of 2020 D.Rajkumar ... Petitioner Vs.
The Inspector of Police, Umarabad Police Station, Umarabad, Ambur Taluk, Vellore District.
... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to give Police Protection and permission to the petitioner to conduct a Cultural program schedule to be held on 16.01.2020 in "Sri Gengaiamman Temple", at Kailasagiri Colony, Ambur Taluk, Vellore District by considering the petitioner representation dated 27.12.2019.
For Petitioner : M/s.S.Premkumari For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor
O R D E R
This petition has been filed to direct the respondent to give Police Protection and permission to the petitioner to conduct a Cultural program schedule to be held on 16.01.2020 in "Sri Gengai amman Temple", at Kailasagiri Colony, Ambur Taluk, Vellore District by considering the petitioner representation dated 27.12.2019.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
3. The learned Additional Public Prosecutor, on instructions, would submit that there is likelihood of arising law and order problem.
4. A mere apprehension cannot be a ground to reject the representation. There is absolutely no material before this Court to hold that there will be a law and order problem in the event of permission being granted. In such view of the matter, the petitioner is permitted to conduct cultural programme in the event of "Sri Gengai amman Temple", at Kailasagiri Colony, Ambur Taluk, Vellore District, however with the following conditions:- (a) The cultural programme in connection with the event of "Sri Gengai amman Temple", at Kailasagiri Colony, Ambur Taluk, Vellore District on 16.01.2020.
(b) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the 2nd respondent police towards police protection.
(c)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants. (d) Double meaning songs should not be played so as to spoil the minds of students and youths.
(e) No dance or songs, touching upon any political party or religion or community or caste shall be played. (f) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.
(g) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(h) If there is violation of any one of the conditions imposed, the concerned police officer is at liberty to take necessary action, as per law and stop such performance forthwith; and (i) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit. (j) The respondent is directed to issue necessary permission, incorporating the above conditions. 5.With the above directions, this Criminal Original Petition stands allowed.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar
To 1.The Inspector of Police, Umarabad Police Station, Umarabad, Ambur Taluk, Vellore District.
2.The Public Prosecutor, Madras High Court, Chennai.
CRL.O.P.No.206 of 2020 ca[co] srg 08/01/2020