Both these writ petitions, the first filed by Dr. K.R. Ramaswamy, a public spirited citizen, and the second filed by an Advocate in public interest, relate to the Vinayagar Pooja Celebrations scheduled to commence on 25.08.2017.

2. In the writ petitions, it is alleged that on the occasion of Vinayagar Chathurthi, Vinayagar Idols are installed on public streets and pavements without any permission, flouting pollution norms and causing traffic obstruction. The authorities do not regulate the installation of Vinayagar Idols and public worship thereof and there is rampant pilferage of electricity by illegal tapping from electric poles.

3. While Dr. K.R. Ramaswamy has sought orders directing the respondent authorities to consider his representation to restrict installation and worship of Vinayagar Idols during the Vinayagar Chathurthi festival, Mr. M. Subash, an Advocate has sought directions on the respondent authorities to frame guidelines regarding installation and worship of Vinayagar Idols and also immersion thereof, which is scheduled to take place on 3.9.2017.

4. Article 25(1) of the Constitution of India guarantees every person in India the fundamental right to profess, practise and propagate religion. This right, however, is subject to restrictions that might be imposed by the State to maintain public order, morality and health.

5. Freedom of conscience and freedom of religion would necessarily include the freedom to practice rituals and ceremonies in accordance with law. The right to perform religious worship at public places on certain occasions has been acquired by custom/usage. Having been so acquired, such right enjoys the protection of Article 25 of the Constitution. From the right to practice religion flows the right to take out religious processions, to instal idols and to perform worship, subject to the restrictions that might be imposed by the State.

6. Religious practices are, however, protected only as long as they do not run counter to law, public safety, public health, morality and the civic rights of others. The right to instal and worship idols at public places is subject to compliance with the laws of the land, obtaining of requisite permissions and/or approvals, such as permission of the local body, police clearance and fire safety clearance, and compliance of rules and regulations to protect life and preserve public health, environment, safety, morality, free movement and the like.

7. Section 41 of the Chennai City Police Act, 1888, provides as follows:

“S.41. Power to regulate assemblies, meetings and processions in public places etc.

(1) The Commissioner, or subject to his orders, any Police-officer above the rank of head constable, may, from time to time, as occasion may require direct the conduct of all assemblies, meetings and processions in public places; prescribe the routes by which and the times at which such processions may pass; keep order in public places and prevent obstructions on the occasion of such assemblies, meetings and processions, and in the neighbourhood of places of worship during the time of public worship and in any case when public places may be thronged or liable to be obstructed and may licence and regulate or prohibit the use of music or of sound amplifiers in any area.

(2) Subject to the provisions of sub-sections (3) and (4), the Commissioner may, by order in writing, prohibit any assembly, meeting or procession if he considers such prohibition to be necessary for the preservation of the public peace or public safety; Provided that no order under this sub-section shall, without the sanction of the State Government, remain in force for more than fifteen days from the date on which such order takes effect.

(3) (a) When the order referred to in sub-section (2) is in force, any person who intends to convene or collect any assembly or meeting in any public place or to direct or promote any procession, shall make an application to the Commissioner for permission. The application sh