The Hindu : Tamil Nadu News : Maintain public order, court tells Government

Online edition of India's National Newspaper
Thursday, Nov 25, 2004

Tamil Nadu

Tamil Nadu

Maintain public order, court tells Government

By Our Staff Reporter

CHENNAI, NOV. 24. The Madras High Court has said the Government should ensure that no organisation offends the public order by organising meetings both in support of and against the arrest of the Kanchi Sankaracharya's in the Sankararaman murder case.

Justice P.D. Dinakaran, passing orders on a writ petition filed by the Thanthai Periyar Dravidar Kazhagam seeking permission to hold a public meeting at Mannargudi, said it was disallowed by the state on the ground that law and order would be affected in the locality as "there are direct clashes between members of the Kazhagam and other organisations in connection with the arrest of the Sankaracharya."

Highlighting the significance of freedom of conscience and the state's responsibility to maintain order, Mr. Justice Dinakaran said: "When the state, refusing permission to the Kazhagam to conduct a public meeting, wants to quote a reason that there is a likelihood of the public order as well as the public peace and tranquillity being offended, it is bound to apply the same yardstick to other organisations which object to the arrest of the Sankaracharya, either opposing or criticising the investigation. Only then could the rule of law be maintained."

As for the state's power to enforce restrictions on the freedom of conscience, Mr. Justice Dinakaran said, "religion cannot be mixed with the secular activities of the state and fundamentalism of any kind cannot be permitted to masquerade as political philosophies to the detriment of the larger interest of society."

Pointing out that the Kazhagam was seeking permission to conduct the public meeting "to propagate its principles," the judge said the organisation was entitled to do so but "it shall not hurt the religious feeling of any third party." He then permitted the Kazhagam to make a new application before the competent authority, which should take a decision in three days.

The judge asked the authorities to lay down conditions that the Kazhagam should not create any law and order problem; its activities should not affect the public peace and tranquillity; and the participants should not speak about the arrest of the Sankaracharya or justify the arrest. They should not comment on the investigation as well.

DMK plea rejected

Passing orders on a similar plea by a Dravida Munnetra Kazhagam functionary for holding a public meeting to denounce the "implication" of a Pattali Makkal Katchi legislator in a murder case, Mr. Justice Dinakaran upheld the rejection of his application: ``Addressing a public meeting, much less expressing opinion on the investigation into grave crimes, is liable to be deprecated. The right of freedom of speech and expression should not be extended to jeopardise investigation into crimes."

If anyone was permitted to speak about the implication or involvement of the accused in any crime, either in the form of opinions, views or agitations by political or apolitical organisations, it is "nothing but exploitation" of the constitutional provisions, he said. The judge, recording an undertaking by the petitioner that he would restrain from commenting on the murder and investigation, said he could send a new application to authorities, who could grant permission after laying down conditions similar to those suggested in the Thanthai Periyar Dravidar Kazhagam case.

Printer friendly page
Send this article to Friends by E-Mail

Tamil Nadu