M.Gandhi v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 28.01.2020
CORAM
THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.NO.1681 OF 2020 M.Gandhi ... Petitioner Vs.
1. The Commissioner of Police, Salem City.
2. The Inspector of Police, Steel Plant Police Station, Salem City.
... Respondents PRAYER :
Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to grant permission and protection to conduct cultural programme on 06.02.2020 from 07.00 PM to 11.00 PM at "Sri MahaMariamman Temple Tidal, Nadaya Gounder Vattam, Thalavaipatti Village, Salem City, by the petitioner's representation dated 21.01.2020. For Petitioner : Mr.M.Marimuthu For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor
O R D E R
This petition has been filed to direct the respondents to grant permission and protection to conduct cultural programme on 06.02.2020 from 07.00 PM to 11.00 PM at "Sri MahaMariamman Temple Tidal, Nadaya Gounder Vattam, Thalavaipatti Village, Salem City, by the petitioner's representation dated 21.01.2020.
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 MahaMariamman Temple Tidal, Nadaya Gounder Vattam, Thalavaipatti Village, Salem City, however with the following conditions:- (a) The cultural programme in connection with the event of Temple Festival of "Sri MahaMariamman Temple Tidal, Nadaya Gounder Vattam, Thalavaipatti Village, Salem City shall be conducted on06.02.2020 from 07.00 PM to 11.00 PM. (b) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the 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 is disposed of.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sni/mfa To
1. The Commissioner of Police, Salem City.
2. The Inspector of Police, Steel Plant Police Station, Salem City.
3. The Public Prosecutor, Madras High Court, Chennai.
CRL.O.P.No.1681 of 2020 RJI(CO) CS/03/02/2020