1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.9292 of 2011 and M.P(MD)No.1 of 2011 J.Sanjeevraj .. Petitioner Vs. 1.The Superintendent of Police, Dindigul District, Dindigul. 2.The Deputy Superintendent of Police, Dindigul Town, Dindigul. 3.The Inspector of Police, Dindigul Town North Police Station, Dindigul. 4.The Inspector of Police, Dindigul Town West Police Station, Dindigul. 5.The Inspector of Police, Dindigul Town South Police Station, Dindigul. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 16.07.2011 issued by the third respondent read with the order bearing No.Na.Ka.No.14Kaa.Aa/Town West/Thinn/2011, dated 18.07.2011 issued by the fourth respondent and bearing Na.Ka.Na.07/CIPS/DGL/2011, dated 23.07.2011 issued by the fifth respondent and quash the same and consequently permitting the petitioner to take Krishna Jayanthi Procession through the routes mentioned in the petitioner's representation, dated 16.07.2011. For Petitioner : Mr.J.Sanjeevraj (Party-in-Person) For Respondents : Mr.M.Govindan, Special Govt. Pleader https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R This Writ Petition has been filed to quash the impugned order dated 16.07.2011 issued by the third respondent read with the order bearing No.Na.Ka.No.14Kaa.Aa/Town West/Thinn/2011, dated 18.07.2011 issued by the fourth respondent and the order bearing Na.Ka.Na.07/CIPS/DGL/2011, dated 23.07.2011 issued by the fifth respondent and to permit the petitioner to conduct "Krishna Jayanthi Procession" through the routes mentioned in the petitioner's representation, dated 16.07.2011. 2. Heard J.Sanjeevraj, Party-in-Person and Mr.M.Govindan, learned Special Government Advocate, who takes notice for the respondents. 3. By consent, the Writ Petition itself is taken up for final hearing. 4. The petitioner claiming to be the District Organiser of Bajranthal and also in-charge of the festival committee of organising Krishna Jayanthi, has undertaken to celebrate the festival in a grand scale. 5. The petitioner has sent a representation/application to the Inspector of Police of three different regions in Dindigul Town viz., the respondent Nos.3 to 5, seeking permission to conduct procession from different places with the idol of Lord Krishna and to conclude the procession at the Dindigul bus stand and to conduct a meeting thereafter. According to the petitioner, the festival and procession is going to be conducted on 21.08.2011. 6. The respondents 3 to 5 respectively rejected the said request stating that the procession is likely to cause caste and communal clash resulting in law and order problem and it will also affect the public peace. It was therefore informed that it will be difficult for the respondent police to give police protection. In view of the above, the request of the petitioner was rejected. Challenging the same, the Writ Petition has been filed. 7. On notice, a counter affidavit has been filed by the Inspector of Police, Dindigul Town South Police Station, Dindigul. In paragraph No.5 of the counter affidavit, the fifth respondent has referred to five cases of law and problem, registered in the year 2009 consequent to the permission granted to conduct similar procession in the case of Vinayakar Chadurthi and three cases in the year 2010. He has also referred to one more case of the year 2007. Based on these details, the fifth respondent justifies the rejection order. 8. It is further contended that the petitioner is seeking to conduct procession from fifteen places and the procession will run through mosques and churches located at various places where there is a large density of people belonging to other religions. It is likely to cause law and order problem and will result in disturbance to public peace. 9. It is further stated by the fifth respondent that large number of people were hurt on the previous occasions and the police had to take great strain to restore peace and harmony. It was also pointed out that some antisocial elements will use the opportunity to create untoward incidents as in the past. He pleaded that if the permission is granted to conduct https://hcservices.ecourts.gov.in/hcservices/ 3 the processions, it is likely to cause confrontation among various religious sects and communities which can be avoided, if the Court decides to grant the permission by imposing reasonable restriction. 10. This Court after anxiously considering the counter affidavit filed by the fifth respondent Inspector of Police, is of the view that the plea of the respondent police is justified on account of various criminal cases which have been filed in the previous years consequent to the permission granted for conducting similar procession. No religious festival of any kind should be a cause for disturbance of public peace, law and order problem, clash between religions, caste or community. It is desirable that religious fervour should be contained within the four walls of the temple, church or the mosque. The Processions of this nature should be considered only in rarest of rare cases and if it is customary in nature for long number of years. Our nation has suffered a lot due to over display of religious sentiments and consequential communal riots. It will prudent to be cautious at the first instance rather than mourning over a bad incident of communal riot. 11. In the present case, it is stated that the Krishna Jayanthi procession and festival, is not customary. On the contrary, the petitioner has not produced any material that such procession or festival has been conducted regularly in the past without any untoward incident. The petitioner's plea appears to be recent in origin. No material has been shown before this Court that in the earlier years, permission was granted for conducting Krishna Jayanthi procession. 12. The petitioner/party-in-person, when asked to produce proof and show that he was granted permission to perform such festival in the past, stated that he does not have any such order. 13. The request of the petitioner is more in the nature of a personal festival to celebrate Krishna Jayanthi. Taking note of the fact that the respondent police have clearly expressed their difficulty in managing processions of this kind, this Court is of the view that the right of the petitioner to conduct the Krishna Jayanthi festival can be considered subject to certain regulatory measures so as to avoid breach of peace and untoward incidents relatable to religious, communal and caste based clashes. 14. Accordingly, the respondent Nos.3 to 5 are directed to consider and grant permission to the petitioner to celebrate the festival of "Krishna Jayanthi" on 21.08.2011 inter alia incorporating the following conditions: (i) The petitioner shall have one idol of Lord Krishna at Clock Tower, within the jurisdiction of the Dindigul Town North Police Station, Dindigul. (ii) The celebration should be closed on or before 12.00 midnight of 21.08.2011. (iii) No procession of any kind is permitted. https://hcservices.ecourts.gov.in/hcservices/ 4 (iv) There should be no pollution of any kind. The respondent police are directed to strictly implement various regulatory measures including air and noise pollution. (v) Permission is granted only for one day (i.e) on 21.08.2011. 15. The Writ Petition is ordered as above and the impugned orders of the respondent Nos.3 to 5 are set aside by issuing direction as above. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (T & P) /True copy/ Sub Assistant Registrar(C.S) To 1.The Superintendent of Police, Dindigul District, Dindigul. 2.The Deputy Superintendent of Police, Dindigul Town, Dindigul. 3.The Inspector of Police, Dindigul Town North Police Station, Dindigul. 4.The Inspector of Police, Dindigul Town West Police Station, Dindigul. 5.The Inspector of Police, Dindigul Town South Police Station, Dindigul. +1. CC to Mr.G.R.Swaminathan, Advocate, SR.No. 28378 pm W.P.(MD)No.9292 of 2011 19.08.2011 TR : 19.08.2011: 4p/7c : IT https://hcservices.ecourts.gov.in/hcservices/