Ahlus Sunnath Wal Jamaaths v. Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.1.2016 Coram The Hon'ble Mr. Justice M.M.SUNDRESH W.P.No.3254/16 & WMP.No.2684/16, W.P.No.3152/2016 & WMP.No.2590/16 and W.P.No.1986/16 & WMP.No.1729/16 Ahlus Sunnath Wal Jamaath's Federation, Rep. by its Organizer Moulana Syed Ali Akbar S/o. Late Dr.Syed Fayaz Peeran No. 18, Jani Jahan Khan Road Royapettah Chennai 14.
... Petitioner in W.P.No.3254/16 Hindu Munnani Rep. by its Member of State Executive Committee T.Manohar Having head office at Sri Sakthi Vinayagam 59 Ayya Mudali Street Chintadripet Chennai-600 002 ... Petitioner in W.P.No.3152/16 Tamil Nadu Sunnath Jamaath No.307/114 Khasim Plaza 1st Floor Triplicane High Road Triplicane Chennai-5 Rep. herein by its Convenor M.Sulaiman.
Son of Mohamed Gani, No.2, 2nd Street, Asad Nagar, Aminjikarai, Chennai - 600 009.... Petitioner in W.P.No.1986/16 vs.
1 Government of Tamil Nadu Rep. by the Home Secretary, Department of Home, Fort St George, Chennai-09.
2 The Director General of Police, Office of the Director General of Police, Kamarajar Salai, Mylapore, Chennai-04. 3 The Commissioner of Police Tiruchy City, Tiruchy.
4. The Superintendent of Police Tiruchy District, Tiruchy.
5. Tamilnadu Thouheed Jamaath (TNTJ for short) 30, Armenian Street, Chennai-600 001.
... Respondents in W.P.No.3254/16 1 The Secretary Home Department Government of Tamil Nadu Secretariat Chennai-9 2 The Secretary Ministry of Home Affairs Union of India North Block Central Secretariat, New Delhi- 110 001 3 The Director General of Police Tamil Nadu Dr.Radhakrishnan Road Mylapore Chennai-4 4 The Superintendent of Police Tiruchy City Pudukottai Road Subramaniapuram Tiruchirappalli-620 020 5 Tamil Nadu Touheeth Jamaath Rep. by its President having office at No.30 Armenian Street Chennai- 600 001 ... Respondents in W.P.No.3152/16 1 Government of Tamil Nadu Rep. by the Home Secretary Department of Home Secretariat Fort St. George Chennai-9. 2 The Director General of Police Office of the Director General of Police Kamarajar Salai Mylapore Chennai-4.
3 The Superintendent of Police Trichy District Trichy.
4 Tamil Nadu Thawheed Jamaath Functioning at No.30 Armenian Street Chennai-1.
5. Tipusultan Peoples' Front Regn. No.80/15 rep. by its President, O.No.151.N.No.313, Thambu Chetty Street, Chennai-600 001.
(5th respondent impleaded as per the order of this Court dated 29.1.2016 in WMP.No.2555/16) in WP.No.1986/16 ... Respondents in W.P.No.1986/16 Prayer in W.P.No.3254/16:
Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus forbearing the Respondents 1 to 4 from granting permission to the Tamilnadu Thouheed Jamaath (TNTJ for short) having office at 30 Armenian Street Chennai-01 the fifth Respondent herein for conducting its Destruction of shirk Conference to be held on 31-1-2016 at Triuchy. Prayer in W.P.No.3152/16:
Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents 1, 3 and 4 to ban the Shirk Abolition Conference to be held by the 5th respondent herein on 31.01.2016 in Tiruchy.
Prayer in W.P.No.1986/16:
Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus forbearing the respondents 1 to 3 from extending any permission for the proposed Shirk Abolition Conference schedule to be held on 31.01.2016 at Trichy by the Tamil Nadu Thawheed Jamaath functioning at No.30 Armenian Street Chennai-1 the 4th respondent herein in any manner.
For Petitioner ..
Mrs. Shaik Mehrunisa (W.P.No.3254/16) For Petitioner ..
Mr.G.Karthikeyan (W.P.No.3152/16) For Petitioner ..
Mr.D.Ashok Kumar (W.P.No.1986/16) For RR1 to 4 ..
Mr.AL.Somayaji, Advocate General in W.P.No.3254/16, assisted by For RR1, 3 & 4 Mr. S.T.S.Moorthy, Govt.Pleader in W.P.No.3152/16 and Mr.P.Sanjay Gandhi, AGP For RR1 to 3 in W.P.No. 1986/16
For R5 in W.P.Nos.3254 & 3152/16 and For R4 in W.P.No.1986/16..
Mr.P.Vijendran For R2 in Wp.no.3152/2016 .. Mr.Christopher kishore For R5 in WP.NO.1986/2016 .. M/S.Kanz Mohamedi @ Kalaiarasi Kanchana COMMON ORDER As the issues involved in all these writ petitions are one and the same, they have been taken up and disposed of by a common order.
2. The learned counsel for the petitioners primarily contended that the proposed conference scheduled to be held on 31.1.2016 would certainly flare up all communal tension. The Shirk Abolition Conference, if allowed to go on, would affect the peace and tranquility of the state. In the conference, what is proposed is not only against the practices adopted by some of the Muslim community people, but also Hindus, such as idol worship. The pamphlets are highly inflammatory. The meeting is also against national interest. It is the back door entry of dangerous foreign elements seeking entry into the country, which would ultimately, result in striking at the foundation of its sovereignty. Therefore, writ petition will have to be allowed.
3. The learned counsel appearing for 5th respondent submitted that it is not clear as to whether this Court has got territorial jurisdiction or not. It is not as if the 5th respondent would create communal tension. On the contrary, it wants to reinforce the principles enunciated in the Holy Quran. The intention is not to hurt the sentiments of others, but to dissuade the Muslim Community from adopting other practices. The said respondent has also made an application seeking permission which is still pending consideration.
4. The learned Advocate General submitted that a decision is yet to be taken in this regard. However, appropriate orders can be passed based upon the relevant materials.
5. At this stage, this Court cannot hold what is proposed to be done in the conference. This Court also does not have any input about the intention of the conference. Therefore, suffice it is to direct the Commissioner of Police, Trichy to take a decision by 30.1.2016 by taking into consideration all the relevant materials.
6. Accordingly, all the writ petitions stand disposed of. No costs. Connected miscellaneous petitions are closed. Registry
is directed to send a copy of the order to Commissioner of Police, Trichy.
-s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To 1 Home Secretary, Government of Tamil Nadu Department of Home, Fort St George, Chennai-09. 2 The Director General of Police, Office of the Director General of Police, Kamarajar Salai, Mylapore, Chennai-04. 3 The Commissioner of Police Tiruchy City, Tiruchy.
4 The Secretary Ministry of Home Affairs Union of India North Block Central Secretariat, New Delhi- 110 001 5 The Superintendent of Police Tiruchy City Pudukottai Road Subramaniapuram Tiruchirappalli-620 020 +1 cc to Mr.D.AshokKumar Advocate sr.5662 +1 cc to Mr.P.Vijendran Advocate sr.5634 +1 cc to the Government Pleader sr.5882 W.P.No.3254/16, W.P.No.3152/6 & W.P.No.1986/16 aa29/01/2016