N.Ravi v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.10.2019
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH Crl.O.P.No.27906 of 2019 N.Ravi
...Petitioner
Vs
1. The Superintendent of Police, Vellore, Vellore District - 632001.
2. The Inspector of Police, Gudiyatham Taluk Police Station, Gudiyatham Taluk, Vellore District - 632601.
...Respondents
Prayer: Criminal Original Petition filed under Section 482 Cr.PC, praying to issue a direction to the respondent to grant permission to perform the program of 'Adal Padal' on 27.10.2019 at about 6.00 P.M to 11.00 P.M at "Sri Gangaiamman Temple Diwali Festival" situated at Erthangal Village, Erthangal Post, Gudiyatham Taluk, Vellore District and to provide adequate police protection based on petitioner representation dated 08.10.2019.
For Petitioner : Mr.G.Satheesh For Respondents: Mr.C.Iyyapparaj Additional Public Prosecutor
O R D E R
Seeking permission to conduct cultural programme in the event of Sri Gangaiamman Temple Diwali Festival at Erthangal Village, Erthangal Post, Gudiyatham Taluk, Vellore District, the petitioner made a representation dated 08.10.2019 to the 1st respondent. Since 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.
3. 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 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 Sri Gangaiamman Temple Diwali Festival at Erthangal Village, Erthangal Post, Gudiyatham Taluk, Vellore District, shall be conducted on 27.10.2019 between 06.00 PM and 11.00 PM. (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 1st respondent is directed to issue necessary protection and permission, incorporating the above conditions. Sd/- Asst.Registrar (Insp Cell) /true copy/ Sub Asst. Registrar hvk/jas To
1. The Superintendent of Police, Vellore, Vellore District - 632001.
2. The Inspector of Police, Gudiyatham Taluk Police Station, Gudiyatham Taluk, Vellore District - 632601.
3. The Public Prosecutor, High Court of Madras.
+1 cc to M/s.G.Satheesh Advocate sr87850 Crl.O.P.No.27906 of 2019 sal(co) aa22/10/2019