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"We are living in a welfare State which is governed by Rule of Law. Therefore, such high-handness can never be tolerated by a Constitutional Court," Justice Venkatesh said
The Madurai Bench of the Madras High Court, in a significant order delivered on November 13, directed State authorities to return the Bharat Mata statue confiscated from the Bharatiya Janata Party (BJP) office in Virudhunagar.
The bench of Justice N. Anand Venkatesh emphasized the sanctity of private property and ruled that the installation of the statue within the party’s office premises was a legitimate expression of patriotic sentiment.
Bharathiya Janatha Party, represented by its Virudhunagar East District President, had sought judicial intervention after the authorities seized the statue. The State defended its actions, citing guidelines against unauthorized statue installations, including Government Order (G.O.) No. 183 of 2017. These regulations require prior approval for statues to prevent communal tensions and ensure public harmony. However, BJP argued that the statue was placed within private premises, symbolizing national unity, and its removal violated constitutional rights, including the freedom of expression under Article 19(1)(a) and the right to property under Article 300-A.
Justice Venkatesh criticized the State’s actions as high-handed and noted the growing tendency of the State to extend its regulatory authority into private domains. He referenced landmark judgments, including K.S. Puttaswamy vs. Union of India (2017) and Union of India vs. Naveen Jindal (2004), to affirm the right to privacy and the right to patriotic expression on private property. Court also reiterated that fundamental rights could not be curtailed without adhering to due process.
Observing that the confiscation lacked proper justification, the judge ordered the immediate return of the statue and allowed its reinstallation on the premises. He underscored the importance of balancing public order with individual rights, cautioning against unwarranted State interference in citizens’ private lives.
"This act on the part of the respondents is highly condemnable and should never be repeated in future," he asserted.
Justice Venkatesh concluded the order with a poetic tribute, celebrating the spirit of unity and reverence for the motherland embodied by the statue.
Case Title: Bharathiya Janatha Party v. The District Collector, Virudhunagar District and Others
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