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Synopsis

The Madras High Court has recently held that no permission from authorities is required for conducting a village temple festival. "However, the authorities cannot remain a silent spectator if there is a breach of public tranquility", the court added.

A bench of Justice GR Swaminathan while protecting the right to peaceful assembly and practice of religion, opined that "the scope of this writ petition is confined to a festival that has been celebrated from time immemorial every year in a village...I hold that no such permission is required."

The bench was hearing a plea filed by P Seeni seeking direction to the authorities to grant permission to conduct a temple festival at a village in the Virudhunagar district. The plea sought direction to the administrative and police authority allowing permission to conduct the Pongal festival in two temples in the village on August 19 and 20.

The Court relied on the judgment of the apex court in the case of Gulam Abbas Vs. The state of UP, wherein it was held that religious faith and the performance of the rites, customary practices, and observances constitute one's fundamental rights guaranteed under Articles 25 and 26 of the Constitution of India.

Furthermore, the court relied on a judgment of the Madras High Court stating that centuries-old customs and religious practices cannot be ignored or found insignificant since such customs privileges, and practices go with the sentiment of the people of the locality and the Government machinery cannot interfere in a casual manner under mere apprehension.

"If some untoward incidents had taken place in the past, interference can only be made by way of regulatory measure. The event itself cannot be banned or prohibited. Administrative inconvenience or anticipated incidents may not be cited as the reason to stop established customs and practices," the court added.

It was held that section 42-A of the Tamil Nadu District Police Act, 1859 which provides for the presence of police personnel in any public meeting or assembly or procession states that this requirement will not apply to any assembly or meeting of a purely religious character held in a recognized place of worship.

It was also noted that in Section 41 of the Chennai City Police Act which contains the power to regulate assemblies, meetings, and processions in public places, etc., subsection 8 states that nothing in the section shall apply to any assembly or meeting of a purely religious character held in a recognized place of worship.

However, Court clarified that if there is a threat to the maintenance of law and order then the executive magistrate or the police are bound to intervene.

Court while stating that the scope of this writ petition is confined to a festival that has been celebrated from time immemorial every year in a village, held that no such permission is required.

Case Title: P Seeni Vs. The District Collector, Virudhunagar, Virudhungar District & Ors.