Madras High Court
Sundarrajan vs The Superintendent Of Police on 3 May, 2018
Author: S.Ramathilagam
Bench: S.Ramathilagam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.05.2018
CORAM
THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM
Crl.O.P.No.12913 of 2018
Sundarrajan .. Petitioner
Vs.
1. The Superintendent of Police,
Salem District,
Salem.
2. The Inspector of Police,
Panamarathupatty Police Station,
Salem District. .. Respondents
Prayer:Criminal Original Petition filed under Section 482 of the Criminal Procedure Code pleased to issue direction to the 2nd respondent to give to Give The Bandobust for permission to conduct the cultural programme on 10.05.2018 in the event of Sri Mariammal Koil, Thippampatti Adidravidar Street, Thippampatti, Salem District on the petitioner's representation dated 20.04.2018.
For Petitioner : Mr.R.Gopinath
For Respondent : Ms.Kritika Kamal
Government Advocate (Crl. Side)
O R D E R
Seeking permission to conduct cultural programme on 10.05.2018 in the event of Sri Mariammal Koil, Thippampatti Adidravidar Street, Thippampatti, Salem District, the petitioner made a representation dated 20.04.2018 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 (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 the cultural programme on 10.05.2018 in the event of Sri Mariammal Koil, Thippampatti Adidravidar Street, Thippampatti, Salem District, however, with the following conditions:-
(a) The cultural programme on 10.05.2018 in the event of Sri Mariammal Koil, Thippampatti Adidravidar Street, Thippampatti, Salem District between shall be conducted 06.30 p.m. and 11.00 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 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.
03.05.2018 Index : Yes/No kas Note: Issue order copy on 07.05.2018 S.RAMATHILAGAM, J.
kas To
1. The Superintendent of Police, Salem District, Salem.
2. The Inspector of Police, Panamarathupatty Police Station, Salem District.
3. The Public Prosecutor, High Court, Madras.
Crl.O.P.No.12913 of 201803.05.2018