Madras High Court
A. Kalimuthu vs The Inspector Of Police on 14 October, 2014
Author: M.Venugopal
Bench: M.Venugopal
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 14/10/2014 CORAM THE HONOURABLE MR. JUSTICE M.VENUGOPAL Writ Petition (MD) No.16764 of 2014 A. Kalimuthu ... Petitioner Vs The Inspector of Police Malli Police Station Srivilliputhur Taluk Virudhunagar District. ... Respondent Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondent to grant permission to conduct the Aadal Paadal programme in connection with Purattasi Festival of Sri Kaliamman Temple on 15/10/2014 from 10.00 p.m., to 02.30 a.m., at Venduvarayapuram Village, Srivilliputhur Taluk, Virudhunagar District. !For petitioner ... Mr.R.Erottuchamy ^For respondents ... Mr.V.Muruganandam, AGP - - - - - :ORDER
The Petitioner has projected the instant Writ of Mandamus praying for passing of an order by this Court in directing the Respondent/Inspector of Police, Malli Police Station, Srivilliputhur Taluk, Virudhunagar District, to grant permission to conduct 'Adal Padal programme' in connection with Purattasi Festival of Sri Kaliamman Temple on 15/10/2014 from 10.00 p.m., to 02.30 a.m., at Venduvarayapuram Village, Srivilliputhur Taluk, Virudhunagar District.
2. The Petition Temple at Venduvarayapuram Village in Srivilliputhur Taluk, Virudhunagar District is in existence from time immemorial. The Villagers celebrate Purattasi Festival of the said Sri Kaliamman Temple on 15/10/2014. The assist him in the said Committee, there are about nine persons in connection with Purattasi Festival at Venduvarayapuram Village, at Srivilliputhur Taluk, Virudhunagar District.
3. The grievance of the Petitioner is that he has submitted a petition to the Respondent on 8/10/204 in person and sent the same through Registered Post on 10/10/2014, requesting the Respondent/Inspector of Police, Malli Police Station, Srivilliputhur Taluk, Virudhunagar District to grant permission for conducting dance and song programme using loud speakers which is scheduled to take place on 15/10/2014 at 10.00 a.m., to 02.30 a.m.
4. In this regard, the festival/celebration committee has completed all the requisite formalities and made necessary arrangements to perform 'Adal Padal programme' at Venduvarayapuram on 15/10/2014 as stated supra.
5. The Respondent had not granted the permission for conducting the said 'Adal Padal programme' on 15/10/2014 because of the reason that the Law & Order problem may crop up, if the permission in question is granted. Since the Respondent Police had not granted permission to the Petitioner to conduct the Festival in issue on 15/10/2014, the Petitioner has preferred the instant Writ Petition.
6. Conversely, it is the submission of the Learned Additional Government Pleader for the Respondent that the Respondent had rejected the request of the Petitioner in regard to the permission sought for by him for the conduct of Purattasi Festival viz., 'Adal Padal programme' on 15/10/2014 viz., to the Respondent that if the permission is accorded, then there is a possibility of cropping up of Law & Order problem.
7. Continuing further, while passing the rejection order dated 9/10/2014, the Respondent had also borne in mind the present Law and Order situation/problem and only on that ground, the Respondent was constrained to pass an order of rejection viz., refusing to grant permission to the Petitioner for conducting the 'Adal Padal programme' on 15/10/2014.
8. It is to be noted that the act of omission or commission under the Indian Penal Code is certainly a punishable offence. Similarly, the act done contrary to the Indecent Representation of Women (Prohibition) Act, 1986, then the same becomes an offence. At this juncture, this Court significantly points out that one cannot assume or presume of any illegal act/any illegality even prior to the grant of license for the conduct of 'Adal Padal programme' at the Petition mentioned Temple Festival to be slated on 15/10/2014.
9. A reading of Section 2 (c) of the Indecent Representation of Women (Prohibition) Act, 1986, defines ?Indecent representation of women? means the depiction in any manner of the figure of a woman, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to, or denigrating, women, or is likely to deprave, corrupt or injure the public morality or morals.?
10. As a matter of fact, Section 3 of the Act, 1986 refers to Prohibition of advertisements containing indecent representation of woman. Also that Section 4 of the Act enjoins Prohibition of Publication or Sending by post of books, pamphlets, etc., containing indecent representation of women.
11. In the instant case on hand, the Petitioner seeks the relief of Writ of Mandamus. No wonder, a Writ of Mandamus can be issued only when there is a statutory duty. If there is an infringement of any statutory right/public duty, an affected/aggrieved may have a legal right and the same is sine qua non.
12. To put it succinctly, there must be a subsisting/existing enforceable right in a Court of Law and there must be a corresponding duty to be performed by the concerned person. That apart, on behalf of the Petitioner, no statute/public enactment is cited before this Court which imposes obligation or a public duty which enables the authority to permit the Petitioner to conduct a particular form of festival.
13. India is a signatory to the Convention of Elimination of All Forms of Discrimination against Women and the same is adopted by the United Nations General Assembly in the year 1979. At this stage, this Court worth recalls and recollects Art.6 of the aforesaid Convention which enjoins the state parties to take appropriate steps to suppress all forms of trafficking and exploitation of women.
14. Further, this Court aptly points out the decision of the Hon'ble Supreme Court in DIRECTOR OF SETTLEMENTS, A.P AND OTHERS Vs. M.R.APPARAO AND ANOTHER {(2002) 4 SUPREME COURT CASES 638}, wherein it is held that the powers of High Courts under Art.226 of the Constitution of India though a discretionary one and no limits can be placed upon their discretion, they must be exercised along with recognised lines and subject to self-imposed restrictions.
15. In view of the fact that the Petitioner is desirous of conducting 'Adal Padal programme' in connection with the said festival of Sri Arulmigu Srikaliamman Temple on 15/10/2014 at Venduvarayapuram Village, Srivilliputhur Taluk, Virudhunagar District, this Court directs the Petitioner/Festival Committee to apply for license before the Respondent/Police concerned authority today itself and that the said concerned authority is directed to accord license for conducting the programme in question, of course after imposing necessary instructions as deemed fit in the matter in issue.
(i). The Petitioner is directed to conduct 'Adal Padal programme' on 15/10/2014 between 07.00 p.m., and 10.00 p.m.
(ii). The Petitioner is directed to file an affidavit before the First Respondent/Inspector of Police, Malli Police Station, Srivilliputhur Taluk, Virudhunagar District along with Celebration Committee Members that there would not be any obscene or vulgar dance during the said festival by any one of the participants and others, as the case may be.
(iii). The 'Adal Padal' cultural programme should be conducted by the Petitioner (along with Committee Members) on 15/10/2014 between 07.00 p.m., and 10.00 p.m., in a serene and peaceful atmosphere, without causing any Law & Order problem.
(iv). The Petitioner is permitted only to use box type loud speaker (and not cone type loud speaker) with 80 decibels sound.
(v). The Petitioner/Celebration Committee is to provide proper parking facility/place for parking of two wheelers/bicycles/vehicles, thereby enabling the visitors to view the programme in a comfortable manner.
(vi). The Petitioner/Celebration Committee is directed to provide enough light and sound facilities for the programme in issue.
(vii). In case, if the schedule programme is to be conducted at an inside auditorium, strictly, the Petitioner/Celebration Committee is to make provision for two exits.
(viii). The Petitioner/Celebration Committee is to provide separate sitting place for men/women/children to view the programme in question.
(ix). For the conduct of 'Adal Padal programme' sufficient drinking water facility and toilet facility are to be provided by the Petitioner/Committee for the benefit of the public.
(x). The Petitioner/Celebration Committee is to remit proper amount before the Government Treasury under the proper head of account in regard to the provision of 'Bando bust' by the Police and the necessary receipt/receipts should be produced before the Respondent/Inspector of Police, Malli Police Station, Srivilliputhur Taluk, Virudhunagar District prior to the beginning of the programme.
(xi). The Petitioner/Celebration Committee is to record the entire 'Adal Padal programme', if any, through video form and to give a copy of the video and handover the same to the Respondent/Police without fail.
(xii). It is abundantly made clear that in 'Adal Padal programme' which is to take place on 15/10/2014 at the Petition mentioned Temple, if any problem/problems crop up, then the Petitioner/Committee is to take full and absolute responsibility.
(xiii). If the Petitioner/Committee breaches any one of the conditions as stated supra, then the Respondent/Police or duly Authorised Officer empowered on his behalf is required to take immediate and necessary action in the manner known to Law and in accordance with Law (including the one under the Indecent Representation of Women (Prohibition) Act, 1986, (60 of 1986) and to put an end to the said programme, without any further loss of time.
(xiv). More importantly, if the programme exceeds the allotted/prescribed time limit between 07.00 p.m., to 10.00 p.m., then, the Respondent Police, without any hesitation whatsoever is directed to step in immediately and to stop the said 'Adal Padal programme/cultural programme/dance/drama programme'.
16. With the aforesaid directions, the Writ Petition stands disposed of. No costs.
14/10/2014 mvs.
Index: Yes/No website: yes/No M.VENUGOPAL,J mvs.
To The Inspector of Police Malli Police Station Srivilliputhur Taluk Virudhunagar District.
W.P.(MD) No.16764 of 201414/10/2014