Madras High Court
R.Vadivelan vs The Inspector Of Police on 4 March, 2019
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 04.03.2019
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No. 5681 of 2019
R.Vadivelan .. Petitioner
Vs
The Inspector of Police,
Rasipuram Police Station,
Rasipuram,
Namakkal District. .. Respondent
Prayer: Criminal Original Petition is filed under Section 482 of Criminal
Procedure Code, to direct the respondent authority to give police protection
and permission to conduct Cultural Programme (Adal Padal Nigalchi) in the
event of Swamy Sivanantha Salai, Rasipuram Arulmigu Sree Omkaliamman
Temple Festival at Rasipuram Taluk, Namakkal District on 06.03.2019 between
06.00 p.m. to 11.00 p.m. by considering the petitioner's representation dated
27.02.2019.
For Petitioner : Mr.A.Sathishkumar
For Respondent : Mr.C.Raghavan
Government Advocate (Criminal Side)
ORDER
Seeking permission to conduct cultural programme in the event of Swamy Sivanantha Salai, Rasipuram Arulmigu Sree Omkaliamman Temple Festival at Rasipuram Taluk, Namakkal District, the petitioner made a representation dated http://www.judis.nic.in 2 27.02.2019 to the respondent. As the same has not been considered, the present Criminal Original petition has been filed.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Criminal Side) appearing for the respondent.
3. The learned Government Advocate(Criminal Side), 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, this petition is allowed and the petitioner is permitted to conduct cultural programme in the event of Swamy Sivanantha Salai, Rasipuram Arulmigu Sree Omkaliamman Temple Festival at Rasipuram Taluk, Namakkal District however with the following conditions:-
(a) The cultural programme in connection with the event of Swamy Sivanantha Salai, Rasipuram Arulmigu Sree Omkaliamman Temple Festival at Rasipuram Taluk, Namakkal District shall be conducted on 06.03.2019 between 06.00 p.m. and 10.00 p.m.
(b)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.
(c) Double meaning songs should not be played so as to spoil the minds http://www.judis.nic.in 3 of students and youths.
(d) No dance or songs, touching upon any political party or religion or community or caste shall be played.
(e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.
(f) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(g) 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
(h) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit.
(i) The respondent is directed to issue necessary permission, incorporating the above conditions.
04.03.2019 Speaking/Non speaking order Internet:Yes Index:Yes/No ssr/kas Note: Issue Order Copy on 05.03.2019 To
1. The Inspector of Police, Rasipuram Police Station, Rasipuram, Namakkal District.
2. The Public Prosecutor, High Court, Madras.
http://www.judis.nic.in 4 G.K.ILANTHIRAIYAN, J.
ssr Crl.O.P.No. 5681 of 2019 04.03.2019 http://www.judis.nic.in