“Mere apprehension cannot be ground to reject representation”: Madras High Court permits cultural program in temple festival

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Justice Karthikeyan of Madras High Court on June 1, 2022 permitted the trustees of Arulmigu Shree Pattatharasi Amman Temple to conduct cultural programs during the temple festival. The judge rejected the apprehension of the government that there is likelihood law and order problem noting that mere apprehension cannot be a ground to reject the representation.

The above was held in a plea filed to quash the direction issued by the police not to conduct a cultural program during the temple festival. The counsel for the government informed the court that there is likelihood of law and order problem arising in the cultural program.

Court, on hearing the submissions, noted that a mere apprehension cannot be a ground to reject the representation. It further held that there is absolutely no material to hold that there will be a law and order problem in the event of permission being granted. Court, thus, permitted the trustees to conduct the cultural program provided that they follow the below mentioned conditions:

  1. The cultural program is to be conducted between 6 PM and 11 PM.
  2. The trustees shall pay a cost of Rs.10,000 to the police towards giving protection.
  3. There should not be any kind of obscene dance or vulgar dialogue during the performances.
  4. Songs with double entendre should not be played so as to spoil the minds of students and youth.
  5. No dance or songs, touching upon any political party or religion or community or caste shall be played.
  6. No flex boards in support of any political party or communal leader shall be erected at the premises of the program.

Court also directed the Police to ensure that the petitioner has no events that can create a law and order problem. Court held that the Police is at liberty to take action in accordance with law in the event of a law and order problem. It has also been directed that the police will be at liberty to stop the program if it exceeds the prescribed time limit.

Case title: Palanisamy Vs Inspector of Police