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Court pointed out that in a recent demonstration in Madurai by the members of Hindu Munnani, speeches were made with the intent to cause riot and the speakers also promoted enmity between different groups on the grounds of religion, race, place of birth
The Madras High Court has denied permission for a religious procession sought by a member of Bharath Hindu Munnani, citing concerns over public order, communal harmony, and potential disruption to commercial activity in Chennai’s Flower Bazaar area.
"Though the constitution enshrines Freedom of Speech and Expression under Article 19(1)(a) of Constitution of India, it cannot be misused by the protesters by a particular religion people by endangering Sovereignty, Unity and Integrity of our Country," said the court.
The petitioner, S. Yuvaraj, had approached the court seeking a direction to the police to allow a procession carrying the "Divine Spear" (Vel) from Egambarashwarar Temple to Sri MuthuKumarasami Kovil Devasthanam on February 18. The petitioner contended that the procession was intended to condemn certain actions by another religious community concerning the Thiruparankundram hill in Madurai.
The bench of Justice G.K. Ilanthiraiyan concluded that permitting such a procession could disturb communal harmony. He noted that streets along the proposed route, situated in a bustling commercial district, were narrow and heavily congested with shops, schools, and wholesale businesses, making them unsuitable for a large religious gathering.
Further, court emphasized that the dispute over Thiruparankundram hill had been conclusively settled by the Privy Council as early as 1931, affirming the ownership rights of the temple while acknowledging certain rights of the Muslim community over specific areas. In light of this historical resolution, the high court found no justification for protests or demonstrations over the matter.
Court also took note of recent demonstrations in Madurai, where members of Hindu Munnani had allegedly incited public unrest during a protest over temple land encroachments. The police had registered criminal cases under multiple sections of the Bharatiya Nyaya Sanhita (BNS), including charges related to promoting enmity between religious groups and disrupting public peace.
Considering the history of communal tensions and previous law enforcement actions, court opined that allowing the procession could lead to further provocations. While affirming the constitutional right to religious worship, it stated that this right does not extend to actions that could endanger public order.
“The Government shall ensure that religious sentiments and beliefs of any community will not be harmed in any manner and shall not allow anybody to affect the peace and harmony,” the court observed. However, it clarified that the petitioner and other devotees were free to visit and worship at the temple without any restrictions.
Case Title: S.Yuvaraj Vs. The Commissioner of Police, Veppery and Anothers
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