Allowed

M.Gunasekaran, v. the Inspector of Police

Madras HC15 Feb 2018CRL OP/4409/2018

Case brief

AI extract

What is this about?

The Court allowed the Criminal Original Petition under Section 482 Cr.PC, granting permission for a cultural programme at a temple festival. Permission is subject to conditions prohibiting obscenity, political or communal content, and restricting operating hours, with police protection directed.

What did the court decide?

Permission granted to conduct cultural programme on 28.02.2018 between 06:00 p.m. and 11:00 p.m. with specific conditions on content and conduct, and direction to police to provide protection.

M.Gunasekaran, Vs the Inspector 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: 15.02.2018

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CORAM

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THE HONOURABLE Mr.JUSTICE M.S.RAMESH

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Crl.OP.No.4409 of 2018

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M.Gunasekaran .. Petitioner

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The Inspector of Police, Arachalur Police Station, Erode District. .. Respondent

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Prayer: Criminal Original Petition filed under Section 482 Cr.PC, praying to direct the respondent authority to give police protection and permission to conduct Cultural Programme (Adal Padal) at Elavanatham Arulmigu Mahakaliamman Temple Festival at Elavanatham, Arachalur Via, Erode District on 28.02.2018 by considering the petitioner's representation dated 10.02.2018.

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For Petitioner : M/s.P.Lakshmikanthan

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

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Seeking permission to conduct cultural programme in the event of Elavanatham Arulmigu Mahakaliamman Temple Festival at Elavanatham, Arachalur Via, Erode District, the petitioner made a representation dated 10.02.2018 to the 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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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,

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

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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 Elavanatham Arulmigu Mahakaliamman Temple Festival at Elavanatham, Arachalur Via, Erode District, shall be conducted on 28.02.2018 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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Sd/Assistant Registrar(CS IX)

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//True Copy// Sub Assistant Registrar

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

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The Inspector of Police, Arachalur Police Station, Erode District.

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The Public Prosecutor, High Court, Madras.

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+1cc to Mr.P.Lakshmikanthan, Advocate, S.R.No.11619

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Crl.OP.No.4409 of 2018

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RRK(20/02/2018)

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

M.Gunasekaran, v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

M.Gunasekaran, v. the Inspector 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

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