K.Sampath, v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.01.2018
CORAM
THE HONOURABLE Mr.JUSTICE M.S.RAMESH Crl.OP.No.2404 of 2018 K.Sampath .. Petitioner Vs The Inspector of Police, Uthangarai Police Station, Uthangarai (TK), Krishnagiri District.
.. Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.PC, praying to direct the respondent to consider the representation of the petitioner dated 24.01.2018 and subsequently grant permission to conduct the cultural program at Mariyamman Swami Temple festival on 30.01.2018 and by giving adequate police protection to the festival.
For Petitioner : Mr.A.Vinothraj For Respondent : Mr.C.Raghavan Government Advocate (Crl.Side)
O R D E R
Seeking permission to conduct cultural programme in the event of Mariyamman Swami Temple Festival, the petitioner made a representation dated 24.01.2018 to the respondent. As the same has not been considered, the present criminal original petition has been filed.
2. By consent of both the parties, the criminal original petition is taken up for final disposal.
3. Learned Government Advocate (Crl.Side), 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 criminal original petition is allowed and the
petitioner is permitted to conduct cultural programme , however, with the following conditions:- (a) The cultural programme in connection with the event of Mariyamman Swami Temple festival, shall be conducted on 30.01.2018 between 06.00 p.m. and 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 so as to 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 played beyond the permitted time limit. (i) The respondent is directed to issue necessary protection and permission, incorporating the above conditions. Sd/- Asst.Registrar (CS VII) /true copy/ Sub Asst. Registrar To
1. The Inspector of Police, Uthangarai Police Station, Uthangarai (TK), Krishnagiri District.
2. The Public Prosecutor, High Court, Madras.
+1cc to Mr.A.Vinothraj, Advocate sr.no.6084 Crl.OP.No.2404 of 2018 sv(co) nr 29/01/2018