Subburaj.V v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 22.01.2024
CORAM
THE HONOURABLE MRS .JUSTICE R.HEMALATHA W.P(MD)No.1383 of 2024 and W.M.P(MD) No.1429 of 2024 V.Subburaj ... Petitioner Vs 1.The Superintendent of Police O/o.the Superintendent of Police, Virudhunagar District.
2.The Deputy Superintendent of Police O/o.the Deputy Superintendent of Police, Virudhunagar District.
3. The Inspector of Police, Bazaar Police Station, Virudhunagar District.
4.The Inspector of Police, West Police Station, Virudhunagar District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order of rejection passed by the 2nd Respondent through his proceedings order No.01/2024, dated 20.01.2024, on the file of the 1/8
2nd Respondent, quash the same as illegal and to direct the respondents to permit the Petitioner to live Telecast, Broadcast or Recording of the Establishment and consecration of Lord Ramllalla Pran-Pratishtha Ceremony at Shri Ram Janmabhoomi Temple at Ayodhya through the medium of Television, to hold the flex boards, to use mike sets with permitted decibels to worship the God to be held on 22.01.2024 from 08.00 am., to 10.00 pm., at the place of the Desabandhu Ground, Virudhunagar and consequent police protection for the cause mentioned in the Petition of the Petitioner, dated 17.01.2024 or any appropriate place of Virudhunagar on subsequent dates.
For Petitioner : Mr.R.Santhanam For R1 : Mr.T.Senthil Kumar Additional Public Prosecutor
ORDER
The present petition is filed challenging the refusal order passed by the 2nd Respondent through his proceedings in Order No. 01/2024, dated 20.01.2024, rejecting the permission sought for by the present Petitioner to live Telecast the Lord Ramllalla Pran-Pratishtha Ceremony at Shri Ram Janmabhoomi Temple at Ayodhya Desabandhu Ground, Virudhunagar on 22.01.2024.
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2. Heard the learned counsel appearing for the Petitioner and the learned Additional Public Prosecutor appearing for the Respondents.
3. The learned Additional Public Prosecutor appearing on behalf of the Respondents submitted that since Desabandhu Ground is a public place, permission has not been granted by the Respondents.
4. A single Bench of this Court sitting in Prinipal Seat of Madras, had considered the very same plea filed by one L.Ganapathy in W.P.No.1430 of 2024, and passed the following orders: "4. Since many such functions are going to be held, this Court wanted to understand the stand of the Government and the Police with regard to granting permission to conduct such functions / annadhanams.
5. Learned Additional Public Prosecutor circulated the stand of the Government and also made oral submissions with regard to the stand of the Police in this regard.
6. The following has been made clear by the Government and they are;
(a)The functions / Bhajans / 3/8
Annadhanams that are conducted in private enclosures like mandapams, private temples and any other private place etc., does not require any permission from the police. It will be left open to the organizers to make arrangements for live streaming of the Pran Prathishta at Ayodhya.
(b)Where, by conducting such functions, there is a possibility of spill over to the place which is accessed by the general public, the same has to be informed to the police in order to enable the police to take necessary measures to keep the situation under control and to ensure that no disturbance is caused to the free movement of the general public.
(c) If such functions are planned to be conducted within temples, which are within the control of the HR & CE Department, the concerned official belonging to the Department must be informed about the same before hand, and the permission will be granted subject to reasonable conditions 4/8
imposed by the Department, and (d) Wherever, considering the local situation, the police is of the opinion that the area is sensitive, it will be left open to the police to impose such restrictions and to ensure that the function does not lead to any unnecessary law and order problem.
7. The above stand taken by the State Government and the Police makes it quite clear that conducting the function considering the auspicious occasion, singing Bhajans / uttering Rama Nama / Annadhanams is not per se prohibited or restricted and it must be borne in mind that all this will be done in a responsible and pious manner today without giving rise to any law and order problem. No misinformation or wrong information must be permitted to be spread and this will be kept in mind by all parties concerned. Ultimately everyone concerned must keep in mind that Bhakti towards God is only for peace and happiness and not to disturb the equilibrium prevailing in the society."
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5. Since the Lord Ramllalla Pran-Pratishtha Ceremony is going to happen shortly, it may not be possible for the Organizers to give a representation once again to the concerned authorities. Hence, the Police is directed to give adequate police protection for the Live Telecast of the event at the place of the Desapandhu Ground, Virudhunagar, and if any untoward incident happens, the Organizers will be held responsible.
6. With the above observation, this Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. 22.01.2024 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No LS Note: Issue order copy today i.e., 22.01.2024 6/8
To 1.The Superintendent of Police O/o.the Superintendent of Police, Virudhunagar District.
2.The Deputy Superintendent of Police O/o.the Deputy Superintendent of Police, Virudhunagar District.
3. The Inspector of Police, Bazaar Police Station, Virudhunagar District.
4.The Inspector of Police, West Police Station, Virudhunagar District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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R.HEMALATHA,J.
LS 22.01.2024 8/8