Allowed

Sekar v. the Superintendent of Police

Madras HC27 Mar 2018CRL OP/9929/2018

Case brief

AI extract

What is this about?

The Single Judge allowed the criminal original petition seeking permission to conduct a cultural programme at Sri Kaliamman Koil. The Court held that mere apprehension is insufficient to deny permission and granted the request with specific conditions regarding time, content, and public harmony.

What did the court decide?

Permission to conduct cultural programme on 28.03.2018 between 06.00 PM and 11.00 PM subject to conditions against obscene, political, or communal content.

Sekar Vs the Superintendent of Police — Public Procurement and Tenders | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 27.03.2018

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CORAM

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THE HONOURABLE Mr.JUSTICE M.S.RAMESH

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Crl.OP.No.9929 of 2018

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Sekar .. Petitioner

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Vs
1. The Superintendent of Police,
Namakkal District, Namakkal.
2. The Inspector of Police,
Pudhuchathiram Police Station,
Namakkal District. .. Respondents
Prayer: Criminal Original Petition filed under Section 482
Cr.PC, praying to direct the 2 nd respondent to give the bandobust
and permission to conduct the cultural programme on 28.03.2018
in the event of Sri Kaliamman Koil, Kullamanyakan Patti,
Kadhirnallur, Namakkal District on the petitioner's
representation dated 19.03.2018.
For Petitioner : Mr.R.Gopinath
For Respondent : Mrs.V.Saratha Devi
Government Advocate (Crl Side)
O R D E R

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Seeking permission to conduct cultural programme in the event of Sri Kaliamman Koil, Kullamanyakan Patti, Kadhirnallur, Namakkal District, the petitioner made a representation dated 19.03.2018 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 Additional Public Prosecutor appearing for the respondent.

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Learned Additional Public Prosecutor, 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 Sri Kaliamman Koil, Kullamanyakan Patti, Kadhirnallur, Namakkal District, shall be conducted on 28.03.2018 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 IV)

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//True Copy//

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Sub Assistant Registrar

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smn

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

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The Superintendent of Police,

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Namakkal District, Namakkal.

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The Inspector of Police,

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Pudhuchathiram Police Station,

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Namakkal District.

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The Public Prosecutor, High Court,Madras.

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+1cc to Mr.R.Gopinath, Advocate, S.R.No.23134

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Crl.OP.No.9929 of 2018
CS/28/03/18

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

Sekar v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Sekar v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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