Madras High Court Allows Indefinite Fast to Promote Tamil in High Court Proceedings

Chennai, February 9, 2024 – The Madras High Court has granted permission to G. Bhagavath Singh to conduct an indefinite fast, advocating for the use of Tamil in High Court proceedings. However, the permission comes with several conditions aimed at maintaining public order.

Case Background

Mr. Bhagavath Singh filed a writ petition (WP No. 34716 of 2023) challenging the Chennai City Police Commissioner's rejection of his request to hold an indefinite fast near the Collector's office or the Thiruvalluvar Statue. His protest aimed to pressure the central government to implement a 2006 Tamil Nadu government proposal for using Tamil in High Court proceedings, referencing Article 348(2) of the Constitution of India and Section 7 of the Official Languages Act, 1963.

The Court's Deliberations

The case saw multiple hearings, with the court initially seeking time for instructions from the respondent. The location for the fast was debated, eventually settling on a venue near the Rajarathinam Stadium. The respondent raised concerns about potential law and order issues arising from an indefinite fast.

The court, however, acknowledged the petitioner's right to peaceful protest, noting that the objective of promoting Tamil in court proceedings is not illegal. Justice N. Anand Venkatesh stated that “There is nothing illegal in this objective. Hence, permission can be granted subject to the following conditions…”

Conditions Imposed

The court imposed several conditions to ensure the protest remains peaceful and lawful:

• The petitioner must provide an undertaking not to incite violence and cooperate with the police.
• Names and addresses of participants must be provided.
• Prior police notification is required for any meetings near the venue.
• Vehicles cannot be parked near the venue.
• The Commissioner of Police retains the right to impose further reasonable conditions to maintain law and order.

The Court's Decision

The Madras High Court ultimately granted permission for the indefinite fast, commencing February 28th, 2024, subject to the aforementioned conditions. The court emphasized the importance of peaceful protest while safeguarding public order. The case serves as a reminder of the balance between fundamental rights and the need to maintain law and order. The court's judgment highlights the ongoing debate surrounding the use of regional languages in official proceedings. The court's disposition of the petition emphasizes the importance of balancing fundamental rights with the need for public order.