Allowed

K.Suppan, Aged 65 Years, v. the Superintendent of Police

Madras HC5 Feb 2018CRL OP/3111/2018

Case brief

AI extract

What is this about?

The Court allowed a petition under Section 482 Cr.PC granting permission for a cultural program during a temple festival, rejecting mere apprehension of law and order issues. Permission was granted subject to conditions prohibiting obscene content, political religious references, and ensuring no breach of harmony.

What did the court decide?

Permission granted to conduct the cultural program on 25.02.2018 between 06.00 p.m. and 11.00 p.m., subject to conditions regarding content and conduct.

K.Suppan, Aged 65 Years, Vs the Superintendent of Police — Service and Employment | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.02.2018

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CORAM

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THE HONOURABLE Mr.JUSTICE M.S.RAMESH

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Crl.OP.No.3111 of 2018

K.Suppan

.. Petitioner

The Superintendent of Police, Namakkal District.

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The Inspector of Police, Vela Goundam Patti Police Station, Namakkal District. .. Respondents

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Prayer: Criminal Original Petition filed under Section 482 Cr.PC, praying to direct the respondent to grant permission and protection to conduct cultural program (Dance and Music Program) in the Arulmigu Pakavathi Amman Temple Festival situated at Kanakkam Palayam, Singlipatti Village, Pommampatti Post, Namakkal Taluk & District scheduled to be held on 25.02.2018 from 6.00 pm to 11.00 pm.

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For Petitioner : M/s.V.Gunasekar

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For Respondents : Mr.C.Raghavan Government Advocate (Crl. Side)

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O R D E R

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Seeking permission to conduct cultural programme in the event of Arulmigu Pakavathi Amman Temple Festival situated at Kanakkam Palayam, Singlipatti Village, Pommampatti Post, Namakkal Taluk & District, the petitioner made a representation dated 25.01.2018 to the first respondent. As the same has not been considered, the present criminal original petition has been filed.

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Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

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Learned Government Advocate (Crl. Side), on instructions, would submit that there is likelihood of arising law and order problem.

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https://hcservices.ecourts.gov.in/hcservices/

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A mere apprehension cannot be a ground to reject the representation. There is absolutely no material before this Court to hold that there will be a law and order problem in the event of permission being granted. In such view of the matter, the criminal original petition is allowed and the petitioner is permitted to conduct cultural programme , however, with the following conditions:-

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(a) The cultural programme in connection with the event of Arulmigu Pakavathi Amman Temple Festival situated at Kanakkam Palayam, Singlipatti Village, Pommampatti Post, Namakkal Taluk & District, shall be conducted on 25.02.2018 between 06.00 p.m. and 11.00 p.m.

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(b)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.

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(d) No dance or songs, touching upon any political party or religion or community or caste shall be played.

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(e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.

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(f) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

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(g) If there is violation of any one of the conditions imposed, the concerned police officer is at liberty to take necessary action, as per law and stop such performance forthwith; and

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(h) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit.

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(i) The respondent is directed to issue necessary protection and permission, incorporating the above conditions.

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s/dAssistant Registrar(CS-V)

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True Copy

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Sub-Assistant Registrar

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https://hcservices.ecourts.gov.in/hcservices/

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The Superintendent of Police, Namakkal District.

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The Inspector of Police, Vela Goundam Patti Police Station, Namakkal District.

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The Public Prosecutor, High Court, Madras.

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+1 CC to Mr.V. Gunasekar, Advocate sr 8920.
Crl.OP.No.3111 of 2018
SP(12/02/2018)

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https://hcservices.ecourts.gov.in/hcservices/

K.Suppan, Aged 65 Years, v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

K.Suppan, Aged 65 Years, v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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