R.Asokan v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.05.2019
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12900 of 2019 R.Asokan
...Petitioner
Vs.
1. The Superintendent of Police, Namakkal District, Namakkal.
2. The Inspector of Police, Sendamangalam Police Station, Namakkal District.
..Respondents PRAYER: Petition filed under Section 482 of the Criminal Procedure Code praying to direct the second respondent to give the Bandobust for permission to conduct the cultural programme on 28.05.2019 in the event of Arulmighu Sri Bagavathi Amman Koil at Palayapalayam Post, Sendamangalam Taluk, Namakkal District based on the petitioner's representation dated 09.05.2019. For Petitioner : Mr.V.Ravichandran For Respondents : Ms.P.Kritika Kamal, Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed to direct the respondents to grant permission to the petitioner for conducting cultural programme on 28.05.5019 and give adequate police protection in Arulmighu Sri Bagavathi Amman Koil at Palayapalayam Post, Sendamangalam Taluk, Namakkal District.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.
3.The learned counsel for the petitioner would submit that the petitioner is the Dharmakartha of Palayapalayam Post,
Sendamangalam Taluk, Namakkal District where Arulmighu Sri Bagavathi Amman Koil is situated. The temple festival will be celebrated in a grand manner every year and during the festival, the villagers planned to conduct program on 28.05.5019. In this regard, the petitioner gave a representation to the respondent on 09.05.2019. Since no action has been taken, the present petition has been filed.
4.The learned Government Advocate appearing for the respondent, on instructions, would submit that the respondent have no serious objection. She further submitted that permission may be granted subject to stringent conditions.
5. The learned Government Advocate appearing for the respondents, on instructions, would submit that the respondents have no serious objection. She further submitted that permission may be granted subject to stringent conditions.
6. Considering the facts and circumstances of the case, this Criminal Original Petition is disposed of with the following directions:
The second respondent / The Inspector of Police, Sendamangalam Police Station, Namakkal District is directed to consider the representation of the petitioner dated 09.05.2019 and to give permission and to provide police protection for Cultural Programme done by Arulmighu Sri Bagavathi Amman Koil at Palayapalayam Post, Sendamangalam Taluk, Namakkal District, scheduled to be held on 28th May 2019, subject to the following conditions;
"(a) Cultural Programme done by Arulmighu Sri Bagavathi Amman Koil at Palayapalayam Post, Sendamangalam Taluk, Namakkal District scheduled to be held on 28th May 2019, should be completed before 11.00 p.m.
(b)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.
(c) Double meaning songs should not be played as they will spoil the minds of students and youths. (d) No dance or songs, touching upon any political party or religion or community or caste shall be played. (e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.
(f) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(g) 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 (h) Similarly, the police is directed to stop the dance programme, if it is conducted beyond the permitted time limit.
(i) The petitioner as well as the organizers shall give a letter of undertaking agreeing to strictly adhere to the above conditions."
7.It is open to the second respondent/ Inspector of police to impose any further restrictions or conditions purely in the interest of preserving public order and tranquility. There can be a total ban for putting up any Flex Board representing any community political party or organization.
8.In the result, this Criminal Original Petition is disposed of with the above directions. No costs.
ay/mbi Sd/- Assistant Registrar(V.O) //True Copy// Sub Assistant Registrar To
1. The Superintendent of Police, Namakkal District, Namakkal.
2. The Inspector of Police, Sendamangalam Police Station, Namakkal District.
3. The Public Prosecutor, High Court, Madras.
+1cc to Mr.V.Ravichandran, Advocate, SR.No.43822 Crl.O.P.No.12900 of 2019 Kak(21/05/2019)