Allowed

A.Sivakumar v. the Inspector of Police

Madras HC27 Mar 2018CRL OP/9746/2018

Case brief

AI extract

What is this about?

This court allowed a criminal original petition filed under Section 482 Cr.P.C. granting permission for a cultural programme at a temple festival in Salem District. The grant is subject to specific conditions regarding time, content, political neutrality, and public order.

What did the court decide?

The criminal original petition is allowed; the petitioner is permitted to conduct the cultural programme on 04.04.2018 between 06.00 p.m. and 11.00 p.m., subject to eight specific conditions, and the

A.Sivakumar Vs the Inspector of Police — Writ and Judicial Review | Madras HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.03.2018 CORAM THE HONOURABLE Mr.JUSTICE M.S.RAMESH

¶2

Crl.O.P.No.9746 of 2018

¶3

A.Sivakumar

¶4

¶5

The Inspector of Police, Karumalaikoodal Police Station, Karumalaikoodal, Salem District.

¶6

.. Respondent

¶7

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 Pooralkottaiy Arulmigu Sree Sakthi Mariamman Temple Festival at Mettur Taluk, Salem District on 4.4.2018, by considering the petitioner's representation dated 22.03.2018.

¶8

For Petitioner : Mr.A.Sathishkumar

¶9

For Respondent : Ms.V.Saratha Devi

¶10

Government Advocate (Crl.side) O R D E R

¶11

Seeking permission to conduct cultural programme in the event of Pooralkottaiy Arulmigu Sree Sakthi Mariamman Temple Festival at Mettur Taluk, Salem District, the petitioner made a representation dated 22.03.2018 to the respondent. As the same has not been considered, the present criminal original petition has been filed.

¶12

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

¶13

Learned Additional Public Prosecutor, on instructions, would submit that there is likelihood of arising law and order problem.

¶14

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:-

¶15

(a) The cultural programme in connection with the event of Pooralkottaiy Arulmigu Sree Sakthi Mariamman Temple Festival at

¶16

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

¶17

Mettur Taluk, Salem District, shall be conducted on 04.04.2018 between 06.00 p.m. and 11.00 p.m.

¶18

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

¶19

¶20

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

¶21

(e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme. (f) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste. (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 (h) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit. (i) The respondent is directed to issue necessary protection and permission, incorporating the above conditions. Sd/Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To 1. The Inspector of Police, Karumalaikoodal Police Station, Karumalaikoodal, Salem District. 2. The Public Prosecutor, High Court, Madras. +1cc to Mr.A.Sathiskumar, Advocate Sr.No.23020 sm:2.4.2018

¶22

Crl.O.P.No.9746 of 2018

¶23

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

A.Sivakumar v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

A.Sivakumar 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

Case details

Similar cases

Saravanan, M/A.50 Years Vs State Rep by Its

C.Murugesan, Aged 44 Years Vs the Superintendent of Police

Mrs.S.Sunitha, Aged 28 Years Vs State Rep. by

B.Paneerselvam Vs the Superintendent of Police

Sekar Vs the Superintendent of Police

Palaniyammal Vs the Inspector of Police