The central legal point established in the judgment is the balancing of freedom of speech and expression with the duty to protect public order, peace, and communal harmony, emphasizing the secular nature of the state.

The petitioner is a member of the State Propaganda Committee of the Thanthai Periyar Dravidar Kazhagam, a non-political party. The main object of the said organisation is to abolish the caste system in the country. The other objects are to eradicate caste abolition, superstitious belief as well as untouchability.

2. The petitioner, by his application dated 1.11.2004, sought permission of the second respondent to conduct a public meeting on 16.11.2004 to propagate the principles of the petitioner Kazhagam at Panthaladi Kilpuram, Mannargudi. However, by proceedings dated 15.11.2004, the first respondent refused permission to the petitioner Kazhagam to conduct a public meeting at Panthaladi Kilpuram, Mannargudi on 16.11.2004, on the ground that it would affect the law and order in the locality, as there are direct clashes between the members of the petitioner Kazhagam and other organisations in connection with the arrest of Sankaracharyar in an alleged murder case.

3. Aggrieved by the said proceedings dated 15.11.2004, the petitioner has preferred this writ petition for issue of a writ of Certiorarified Mandamus to call for the records relating to the proceedings of the first respondent dated 15.11.2004 in Na.Ka.No.206/Thu.Kaa.Na./Mannai/04, to quash the same and to direct the respondents to permit the petitioner on behalf of his party, to conduct a public meeting at Panthaladi Kilpuram, Mannargudi, Tiruvarur District on 25.11.2004.

4. Heard Mr.S.Doraisamy, learned counsel for the petitioner and Mr.S.Venkatesh, learned Special Government Pleader, who takes notice on behalf of the respondents.

5. The right to hold a public meeting to propagate the object of the petitioner Kazhagam is protected under Articles 19(1)(a) and 19(1)(b) read with Article 25 of the Constitution of India, unless it is opposed to the National Security and Public Interest.

6. Article 19(1)(a) of the Constitution guarantees to all citizens freedom of speech and expression, but Article 19(2) provides that nothing in Article 19(1)(a) shall prevent a State from making any law, insofar as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. Article 25(1) guarantees to all persons freedom of conscience and the right freely to profess, practise and propagate religion, subject to order, morality and health and to the other provisions of Part III of the Constitution. The right to freedom of conscience and freely to profess, practise and propagate religion guaranteed by Article 25 is subject to (1) public order, morality and health; (2) other provisions of Part III of the Constitution; (3) any law (a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice; or (b) providing for social welfare and reform. Thus while on the one hand Article 25(1) itself expressly subjects the right guaranteed by it to public order, morality and health and to the other provisions of Part III, on the other hand, the State is also given the liberty to make a law to regulate or restrict any economic, financial, political or other secular activity which may be associated with religious practise and to provide for social welfare and reform, even if such regulation, restriction or provision affects the right guaranteed by Article 25(1). Therefore, whenever the Fundamental Right to freedom of conscience and to profess, practise and propagate religion is invoked, the act complained of as offending the Fundamental Right must be examined to discover whether such act is to protect public order, morality and health, whether it is to give effect to the other provisions of Part III of the Constitution or whether it is authorised by