Madras High Court
A.Moyyan vs The Superintendent Of Police on 14 March, 2019
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 14.03.2019
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.6920 of 2019
A.Moyyan .. Petitioner
Vs
1.The Superintendent of Police,
Salem District,
Salem.
2.The Inspector of Police,
Yercaud Police Station,
Salem 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 the Cultural Programme (Adal Padal) at Arulmighu Mariamman Koil at
Melthasai Solai, Thalai Solai Post, Yercaud, Salem District on 22.03.2019 by
considering the petitioner's representation dated 11.03.2019.
For Petitioner : Mr.M.Selvam
For Respondent : Mr.C.Raghavan
Govt. Advocate (Crl. Side)
ORDER
Seeking permission to conduct cultural programme in the event ofArulmighu Mariamman Koil at Melthasai Solai, Thalai Solai Post, Yercaud, Salem District, the petitioner made a representation dated 11.03.2019 to the respondent.
As the same has not been considered, the present Criminal Original petition has been filed.
http://www.judis.nic.in 2
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 ofArulmighu Mariamman Koil at Melthasai Solai, Thalai Solai Post, Yercaud, Salem District however with the following conditions:-
(a) The cultural programme in connection with the event of Arulmighu Mariamman Koil at Melthasai Solai, Thalai Solai Post, Yercaud, Salem District shall be conducted on 22.03.2019 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 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 http://www.judis.nic.in 3 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.
5. With the above directions, this Criminal Original Petition stands allowed.
14.03.2019 Internet:Yes Index:Yes/No Speaking/Non speaking order vsn/kas Note : Issue order copy on or before 20.03.2019 To
1.The Superintendent of Police, Salem District, Salem.
2.The Inspector of Police, Yercaud Police Station, Salem District.
3.The Public Prosecutor, High Court, Madras.
http://www.judis.nic.in 4 G.K.ILANTHIRAIYAN, J.
vsn/kas Crl.O.P.No.6920 of 2019 14.03.2019 http://www.judis.nic.in