C.Sundaram vs The Superintendent Of Police on 28 February, 2020

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Madras High Court

C.Sundaram vs The Superintendent Of Police on 28 February, 2020

Bench: P.Rajamanickam

                                                                                   Crl.OP.No.4673 of 2020

                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED 28.02.2020

                                                            CORAM

                                    THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM

                                                    CRL.O.P.No.4673 of 2020

                      C.Sundaram                                                  ... Petitioner
                                                             Vs.

                      1. The Superintendent of Police,
                         Salem, Salem District.

                      2. The Deputy Superintendent of Police,
                         Omalur, Salem District.

                      3. The Inspector of Police,
                         Omalur Police Station,
                         Salem District.                                          ... Respondents

                      PRAYER: Criminal Original Petition filed under Section 482 of the Code of
                      Criminal Procedure, to direct the respondent to grant permission and
                      protection to conduct cultural event viz., Adal Padal (Song and Dance)
                      Programme to be held on 04.03.2020 at 6.00 p.m to 11.00 p.m in connection
                      with the temple festival of Sree Mariyamman Temple at Pachinampatti Village,
                      Omalur Taluk, Salem District by considering the petitioner's representation
                      dated 25.02.2020.
                                          For Petitioner      : Mr.G.Prabakaran

                                          For Respondents     : Mr.M.Mohamed Riyaz
                                                                Additional Public Prosecutor



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                                                                                   Crl.OP.No.4673 of 2020



                                                           ORDER

This petition has been filed to issue direction to the respondents to grant permission and protection to conduct cultural event viz., Adal Padal (Song and Dance) Programme to be held on 04.03.2020 at 6.00 p.m to 11.00 p.m in connection with the temple festival of “Sree Mariyamman Temple”, situated at Pachinampatti Village, Omalur Taluk, Salem District by considering the petitioner's representation dated 25.02.2020.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. The learned Additional Public Prosecutor, on instructions, would submit that there is likelihood of arising law and order problem.

4. A mere apprehension cannot be a ground to reject the representation. There is absolutely no material before this Court to hold that there will be a law and order problem in the event of permission being granted. In such view of the matter, the petitioner is permitted to conduct cultural programme in the event of “Sree Mariyamman Temple”, situated at Pachinampatti Village, Omalur Taluk, Salem District on 04.03.2020, however with the following conditions:-

(a) The aforesaid cultural programme shall be conducted on 04.03.2020 from 06.00 p.m. to 11.00 p.m only.

(b) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the respondents police towards police protection.

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(c)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.

(d) Double meaning songs should not be played so as to spoil the minds of students and youths.

(e) No dance or songs, touching upon any political party or religion or community or caste shall be played.

(f) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.

(g) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

(h) If there is violation of any one of the conditions imposed, the concerned police officer is at liberty to take necessary action, as per law and stop such performance forthwith; and

(i) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit.

(j) The third respondent is directed to issue necessary permission, incorporating the above conditions.

5.With the above directions, this Criminal Original Petition stands allowed.

28.02.2020 Index:yes/No Speaking order/Non-speaking order arb/vv Note: Issue order copy on 02.03.2020 3/4 http://www.judis.nic.in Crl.OP.No.4673 of 2020 P.RAJAMANICKAM.J., arb To

1. The Superintendent of Police, Salem, Salem District.

2. The Deputy Superintendent of Police, Omalur, Salem District.

3. The Inspector of Police, Omalur Police Station, Salem District.

4. The Public Prosecutor, Madras High Court, Chennai.

CRL.O.P.No.4673 of 2020

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