Madras High Court
V.Dinesh vs The Superintendent Of Police on 8 February, 2018
Author: M.S.Ramesh
Bench: M.S.Ramesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.02.2018 CORAM THE HONOURABLE MR.JUSTICE M.S.RAMESH Crl.OP No.3796 of 2018 V.Dinesh ... Petitioner Vs 1. The Superintendent of Police District Police Office Vellore, Vellore District. 2. The Inspector of Police Taluk Police Station Vaniyambadi Vellore District. ... Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents to give police protection and permission to conduct a festival dance program between 5.00 p.m., to 11.00 p.m., on 15.02.2018 at "Arulmigu Sri Kaaliamman Amman Thirukoil" situate at Girisamuthiram Village, Vaniyambadi Taluk, Vellore District, by considering the petitioner's representation dated 01.02.2018. *** For Petitioner : Mr.V.Prabhu For Respondents : Mr.C.Raghavan Government Advocate (Crl. Side) ORDER
Seeking a direction to direct respondents to give police protection and permission to conduct a festival dance program between 5.00 p.m., to 11.00 p.m., on 15.02.2018 at "Arulmigu Sri Kaaliamman Amman Thirukoil" situate at Girisamuthiram Village, Vaniyambadi Taluk, Vellore District, by considering the petitioner's representation dated 01.02.2018. 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 (Crl. Side) appearing for the respondent.
3. Learned Government Advocate (Crl. 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, the Criminal Original Petition is allowed and the petitioner is permitted to conduct cultural programme, however, with the following conditions:-
(a) The conduct of a festival dance program between 5.00 p.m., to 11.00 p.m., on 15.02.2018 at "Arulmigu Sri Kaaliamman Amman Thirukoil" situate at Girisamuthiram Village, Vaniyambadi Taluk, Vellore District;
(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 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.
M.S.RAMESH, J.
vsg/mm
(i) The respondent is directed to issue necessary protection and permission, incorporating the above conditions.
08.02.2018 Index : Yes/No vsg/mm Note: Issue order copy on 12.02.2018 To
1. The Superintendent of Police District Police Office Vellore, Vellore District.
2. The Inspector of Police Taluk Police Station Vaniyambadi Vellore District.
3. The Public Prosecutor, High Court, Madras.
Crl.OP No.3796 of 2018