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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mr.Justice P.Dhanabal, J
Mi.dha. Pandian @ Pandiarajan – Appellant
Versus
Commissioner Of Police O/o.commissioner Of Police – Respondent
ORDER :
1. The prayer sought for in the present writ petition is to challenge the order passed by the second respondent in C.No.72/DCP- South/Camp/MC/2025 dated 01.03.2025 and direct the respondents 1 and 2 to grant permission to the petitioner to undertake a peaceful rally culminating in the proposed public Conference meeting at Natraj Theatre on 09.03.2025 between 4.00 p,m. to 10.00 p.m.,
2. The learned Senior Counsel appearing for the petitioner would submit that the petitioner as the convener on behalf of the politician recently formed Madurai People's Coalition for Religious Harmony. In India various religions groups have different way of worship and it is the duty of the every citizen as per the constitutional mandate to respect and allow their fellow citizen to carry out and continue their religious practice and beliefs. In the light of this the Tiruparankundram Hillock in the south west of Madurai District has been a symbol of religious harmony for centuries and the Muslim communities for decades now have been involved in a practice of animal sacrifice (Kanduri) in the Sikkandar Badusha Darga in an uninterrupted manner. There have been no reported incidents of clashes and ten
The right to freedom of speech is fundamental but subject to reasonable restrictions to ensure public order, especially in contexts of communal tension.
Freedom of expression under Article 19(1)(a) is subject to restrictions for maintaining public peace and communal harmony.
The right to assemble is constitutionally protected but subject to reasonable restrictions in light of public safety.
The fundamental rights to assemble peaceably and practice religion, as well as the significance of centuries-old customs and religious practices, were central to the judgment.
The need for a specific representation for the rally and the court's discretion in granting permission with restrictions.
The right to conduct processions or hold public meetings can be regulated in the interest of all, but must not be abridged or denied. Religious processions cannot be prohibited or curtailed solely ba....
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