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2002 Supreme(Mad) 957

P.D.DINAKARAN
Vinayagar Murali – Appellant
Versus
State of Tamil Nadu & Another – Respondent


Advocates Appeared:For the Petitioner:Mr.K.Chandru, Senior Advocate for Mr.R.Sunil Kumar. For the Respondent:Mr.N.R.Chandran Advocate General, assisted by Mr.D.Krishna Kumar, Special Govt. Pleader.

Judgment :-

Secularism, to which we have pledged ourselves under the Constitution, is not an exaltation of irreligion. Secularism, therefore, is a basic feature of our constitution. Secularism, in Indian Constitution, does not mean an anti-God or aesthetic society, but it means equal status of all religion, without any preference in favour of or discrimination against any one of them, as held in Bommai case reported in AIR 1994 SC 1918.

2. The Constitution, however, does not define the word "religion", even though Articles 25 to 28 deal with religion. These articles embody the principles of religious tolerance. All persons are entitled to freely practice their own faith and religious practice. Hence, the Constitution emphasizes the secular nature of Indian democracy.

3.1. The petitioner is the convenor of the Tamil Nadu State Vinayakar Chathurthi Central Committee consisting of the following organizations:

(a) Hindu Makkal Katchi;

(b) Hanuman Sena;

(c) Shiva Sena;

(d) Shiva Sena Workers Union;

(e) Vinayaka Chathurthi Vizha Kuzhu, Pallavaram and Chengai District;

(f) Vinayaka Chathurthi Committee, Chengai District;

(g) Hindu Munnani.

3.2. Having installed temporary idols at various places in



















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