M.Viswanathan v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 05.03.2020
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5194 of 2020 M.Viswanathan .. Petitioner Vs 1.The Superintendent of Police, Vellore District, Vellore.
2.The Inspector of Police, Pallikonda Police Station, Vellore District.
.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent To Give The Bandobust for permission to conduct the cultural programme on 09.03.2020 at 6.00 PM to 11 PM in the event of Arulmighu Sri Sakthi Mariamman Koil at Gollamangalam, Gudiyatham Taluk, Vellore District - 635 809 based on the petitioner's representation dated 28.02.2020.
For Petitioner : Mr.Durai Gunasekaran For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor
O R D E R
Seeking permission to conduct cultural programme in the event of festival of Arulmighu Sri Sakthi Mariamman Koil at Gollamangalam, Gudiyatham Taluk, Vellore District - 635 809, the petitioner made a representation dated 28.02.2020 to the respondents. As the same has not been considered, the present Criminal Original petition has been filed.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
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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, this petition is allowed and the petitioner is permitted to conduct cultural programme in the event of festival of Arulmighu Sri Sakthi Mariamman Koil at Gollamangalam, Gudiyatham Taluk, Vellore District - 635 809, however with the following conditions:- (a) The cultural programme in connection with the event of festival of Arulmighu Sri Sakthi Mariamman Koil at Gollamangalam, Gudiyatham Taluk, Vellore District - 635 809 shall be conducted on 09.03.2020 between 06.00 p.m. and 11.00 p.m.
(b)The petitioner shall pay a sum of Rs.10,000/- (Rupees ten thousand only) as charges, to the respondents Police and on receipt of the same, the respondents Police is directed to issue receipt and proceed further.
(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 respondents are directed to issue necessary permission, incorporating the above conditions. 2/3
5. With the above directions, this Criminal Original Petition stands allowed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police, Vellore District, Vellore.
2.The Inspector of Police, Pallikonda Police Station, Vellore District.
3.The Public Prosecutor, High Court, Madras.
+1cc to Mr.Durai Gunasekaran, Advocate sr.19649 Crl.O.P.No.5194 of 2020 bp(co) nr 06/03/2020 3/3