Organisers must ensure that communal harmony is maintained during the Lord Murugan devotees conference: Madras HC
MADURAI: Modifying certain conditions imposed by the Madurai city police while granting permission for Hindu Munnani to conduct the Lord
Murugan
devotees conference (Muruga Bakthargalin Aanmeega Maanadu), which is scheduled in Madurai on June 22, the Madras high court on Friday observed that the organisers must ensure that communal harmony is maintained.
The court was hearing a petition filed by Hindu Munnani seeking a direction to the authorities to permit them to set up temporary miniatures of the six abodes of Lord Murugan and perform poojas from June 10 to June 22 ahead of the Lord Murugan devotees conference in Madurai district.
Another petition was filed by Hindu Munnani challenging certain conditions imposed by the police in the order dated June 12 while granting permission for the conference.
The conditions which were challenged included that the people participating in the conference from various districts had to obtain passes from the concerned district police, not to conduct a bike rally, obtaining permission from the HR and CE department, Madurai corporation, and against the usage of drone cameras.
Ramalingam of Makkal Kalai Ilakkiya Kazhagam, a political party, filed an impleading application with an objection that this event is creating unnecessary problems for the common man in the name of religion.
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Another impleading application was filed by Aranganathan, claiming to be a devotee of Lord Murugan and also the President of Archakar Payirchipetra Manavargal Sangam. He contended that each temple of this Aarupadai Veedu follows a distinct agama, custom, and ritual. Installing temporary miniatures of these temples by the organisation is against agamic rules for temple rituals and idol consecration.
Justice B.
Pugalendhi observed, "Article 25 of the Constitution of India guarantees every person a right to freely profess, practice, and propagate their religion. Therefore, any individual or organisation has the liberty to hold the function based on religious faith. However, this right is not absolute. There can be restrictions if it is intended to affect communal harmony. Our country is a diverse society having people of different faiths.
The exercise of religious freedom must be harmonised with a broader objective of maintaining public order, morality, and communal harmony."
The judge observed that the Religious Institution (Prevention of Misuse) Act, 1988, is available to prevent the misuse of religious institutions for political and other parties. The petitioner's organisation, which claims to promote religious values, can also be included within such a definition.
Section 6 of the Act prohibits any ceremony, festival, congregation, procession, or assembly organised or held under its auspices to be used for any political activity.
In this case, the state as well as the impleading petitioners apprehend that in the guise of a religious event, the organisers may antagonise other communities and there is a possibility of communal clash. One of the impleading petitioners produced two news reports on statements made by the Hindu Munnani President and another by a union minister.
"The petitioner is organising this event as a religious conference for the devotees of Lord Murugan and for the well-being of the universe. With that being the object, the organisers of the event must strictly comply with the observations of the
Supreme Court
and ensure that communal harmony is maintained," the judge observed.
The judge observed that the petitioner is not planning to conduct a vehicle procession in any form but is aggrieved by the condition imposed that the people should obtain vehicle passes to participate in the event.
The court is of the view that this condition was imposed to regulate the vehicles likely to participate in the event. There is no reason to interfere with the condition. If any participant applies for the vehicle pass, the police officer concerned shall issue the vehicle pass within 24 hours of the application. If the police refuse to grant vehicle passes, it has to be rejected with valid reasons.
Another condition was imposed that permission has to be obtained from the HR and CE department before installing the miniatures.
The condition was imposed by the police in a mechanical manner. Similarly, the condition for permission from the corporation authorities is also not relevant.
The police had restricted the use of drones. Taking into account the request of the petitioner, the court modified the condition by permitting the use of two drones for covering the events. The petitioner has to maintain the regulations as provided under the Noise Pollution (Regulation and Control) Rules, 2000.
The petitioner confirmed that they are not in need of any police personnel to maintain the participants and they have their own volunteers, so there is no need for the deployment of police personnel. However, the event is to be conducted near a highway.
It should not cause traffic congestion for the commuters. Therefore, necessary police personnel may be deployed to ensure the free flow of traffic, the judge directed and disposed of the petition challenging the conditions imposed for the conference.
The judge also allowed the other petition and set aside the order passed by the police rejecting permission for setting up miniatures of the six abodes of Lord Murugan.
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