 Online edition of India's National Newspaper Wednesday, Jul 09, 2008 ePaper | Mobile/PDA Version |
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New Delhi
NEW DELHI: The Supreme Court on Tuesday declined to interfere with a Madras High Court judgment upholding the Tamil Nadu government’s decision to change Tamil New Year from the first day of the Tamil month ‘Chithirai’ to the first day of ‘Thai.’ A three-judge Bench of Chief Justice K.G. Balakrishnan, Justice P. Sathasivam and Justice J.M. Panchal dismissed a special leave petition challenging the High Court judgment dated February 13. The Bench, after hearing senior counsel M.N. Krishnamani, appearing for Traffic K.R. Ramaswami, however, set aside the High Court order imposing cost of Rs.10,000 on the petitioner. Since the petitioner had only challenged the Bill (which subsequently became an Act), the Bench gave him liberty to move the High Court questioning the validity of the legislation. The petitioner said that the State government had changed the Tamil New Year from first day of the Tamil month of ‘Chithirai,’ falling during mid-April to the first day of ‘Thai,’ viz Pongal falling in the middle of January. He contended that the Legislative Assembly could not alter the time honoured and astronomically calculated dates for political reasons. He said the High Court had erred in not understanding the custom, tradition and practice having the force of law. Festivals such as Pongal, Tamil New Year in ‘Chithirai,’ Dasara, Deepavali or Karthigai Deepam could not be changed or altered at the whims and fancies of the ruling party. The Madras High Court had not applied its mind to the historical and cultural heritage associated with these festivals, he said and sought a direction to quash the impugned order.
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