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2015 Supreme(Mad) 1540
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S. MANIKUMAR & V.M. VELUMANI, JJ.
C. Stephen – Petitioner
Versus
District Collector, Kanyakumari District & Others – Respondents
W.P. (MD) No. 5482 of 2015 & M.P. (MD) No. 1 of 2015
Decided On : 10-04-2015
For the Petitioner:C. Bharathi, Advocate.
For the Respondents: M. Alagadevan, Special Government Pleader.
The court emphasized the need to balance the freedom of speech and expression with the maintenance of public order and religious harmony, as enshrined in the Constitution of India.
Headnote:
Writ of Mandamus - Hindu Awareness General Meeting - Article 19(1)(a)&(b), Article 25 of the Constitution of India, secularism - State of Karnataka v. Dr. Praveen Bhai Thogadia, 2004 (4) SCC 684 - Rama Muthuramalingam vs. Deputy Superintendent of Police, Tiruvarur District, 2004 (5) CTC 554
Fact of the Case:
The petitioner sought a Writ of Mandamus to prevent a Hindu Awareness General Meeting, citing potential communal disharmony and law and order problems. The respondents had already granted permission for the meeting, subject to certain conditions.
Finding of the Court:
The court considered the potential for religious disharmony and the constitutional rights of all citizens, emphasizing the need to maintain public peace and tranquility. It imposed additional conditions on the meeting organizers and directed the law enforcement agency to prioritize the prevention of untoward incidents.
Issues: The main issue was whether the court should intervene to prevent the Hindu Awareness General Meeting in light of potential communal disharmony and the constitutional rights of citizens.
Ratio Decidendi: The court's decision was influenced by the interpretation of Article 19(1)(a)&(b) and Article 25 of the Constitution of India, as well as the principles of secularism. It also considered the precedents set in the cases of State of Karnataka v. Dr. Praveen Bhai Thogadia, 2004 (4) SCC 684 and Rama Muthuramalingam vs. Deputy Superintendent of Police, Tiruvarur District, 2004 (5) CTC 554.
Final Decision: The court allowed the meeting to proceed but imposed additional conditions on the organizers to ensure the maintenance of religious harmony, public peace, and tranquility. It directed the law enforcement agency to prioritize the prevention of untoward incidents.
S. Manikumar, J.
1. Claiming himself to be a pro-bono litigant, the petitioner, residing within the jurisdiction of Arumanai Post, Kanyakumari District, has sought for a Writ of Mandamus directing the respondents to prevent the Hindu Awareness General Meeting scheduled to be conducted on 12.04.2015 at 04.00 p.m. at Arumani Junction, Soorakattu Vilai, Kanyakumari District.
2. In his supporting affidavit, the petitioner has contended that on 25.02.2015, Akila Bharath Hindu Maha Saba, Kanyakumari (West) District, conducted the Memorial Day Public Meeting of Veerasarvarkkar. On that day, communal leaders of Hindu Maha Saba participated and delivered speeches, inciting communal disharmony, between Hindus and Christians. According to him, there was a law and order problem, which made him, to prefer a complaint on 25.02.2015 to the Inspector of Police, Arumanai Police Station, Kanyakumari District and Receipt No.94/2015 was given, but no action has been taken.
3. The petitioner has further contended that Arumanai Area Hindu Association of Kanyakumari District has issued pamphlets to conduct an Hindu awareness public meeting on 12.04.2015 at Arumanai Junction. It is the apprehension of the petitioner that if the said meeting is allowed to be conducted, then it would create communal disharmony and law and order problem. According to him, meeting has been permitted to be conducted, without any condition on noise pollution, by using loud speakers. It is his further contention that Meeting scheduled to be conducted at Arumanai Junction would affect traffic, and cause disturbance to the Public. He also submitted that there is a Public market and assembly of large number of persons, at the junction, would affect the general public. The petitioner has further contended that he had given representations, dated 01.04.2015 and 08.04.2015, in person, to the respondents not to permit the above said meeting, but there was no response. Left with no other alternative, the petitioner has filed the present pro bono litigation.
4. When the writ petition came up admission, on instructions from the Sub-Inspector of Police, Arumanai Police Station, Kanyakumari District, Mr.M.Alagathevan, learned Special Government Pleader, submitted that a petition dated 03.04.2015 was submitted to the Sub Inspector of Police, Arumanai Police Station, by Arumanai Area Hindu Associations, Kanyakumari District, seeking permission to conduct a meeting on 12.04.2015, (Sunday) with necessary permission to have loud speakers. He further submitted that subsequently, Mr.A.Anilkumar, one of the Organizers for the Hindu Awareness Meeting, scheduled to be conducted on 12.04.2015, on behalf of the participants in the meeting, has given an undertaking that there would not be any inconvenience to general public or traffic congestion.
5. Learned Special Government Pleader further submitted that the said Anilkumar has also given an undertaking that the speakers would not deliver any speech, in a manner, offending other religions. He has further given an undertaking that in the event of any breach, they would abide by any action to be taken by the police. Recording the above undertaking of the said Anilkumar, one of the organizers of the meeting, Sub Inspector of Police, Arumanai Police Station, Kanyakumari District, in T6/PS/MICK/20/15, has recommended for granting permission to conduct the meeting on 12.04.2015. The Inspector of Police, Arumanai Police Station, Kanyakumari District, has forwarded the recommendation of the Sub-Inspector of Police, vide his endorsement dated 07.04.2015, to the Assistant Superintendent of Police, Thuckalay Sub Division. Going through the materials stated supra, the Assistant Superintendent of Police, Thuckalay Sub Division, has accorded permission.
6. Mandamus is sought to prevent the Hindu Awareness General Meeting to be conducted at Arumanai Junction on 12.04.2015, at 04.00 p.m. As per the statement of the learned Special Government Pleader, permissio
