"Sri Rama Close To The Heart Of Hindus": Madras HC Directs Police To Consider Allowing Ayodhya Ram Temple Campaign

The Bench of Justice R. Hemalatha directed the Commissioner of Police, Madurai City to consider the representation of the petitioner and pass appropriate orders with reasonable restrictions for the free movement of the vehicle in and around Madurai.

Facts in brief

It was submitted before the Madras High Court that the petitioner (N. Selvakumar) is holding the office of District Convener of "Sri Rama Jenma Boomi Theertha Kshethra Trust" which is formed for creating awareness among the general public and also for the construction of "Sri Rama Temple in Ayodhya".

His further contention was that the petitioner filed a petition before the Commissioner of Police, Madurai City on 13^th February 2021 seeking permission to conduct an awareness campaign through a Van in and around Madurai.

It was alleged that the said representation was rejected by the Assistant Commissioner of Police, Thilagar Thidal (Law and Order) Range, Madurai City citing the present Covid-19 situation and also law and order problem.

His further contention was that though permission was granted by the Government to various political and social organizations to conduct conference and public meetings, he was denied permission.

It was also his contention that the movement of the vehicle was also restrained by the police.

Stand of the Respondent

The APP contended that the second respondent [Assistant Commissioner of Police, Thilagar Thidal] does not have jurisdiction all over the 100 wards of Madurai and that he is not also empowered to grant permission to the petitioner.

It was also argued that the petitioner should have filed a petition before the Commissioner of Police, Madurai City police.

Court's observations

The Court perused the orders passed by the ACP (second respondent) and noted that the petitioner was not granted permission to conduct the awareness campaign in and around Madurai citing the present Covid-19 situation and also law and order problem.

To this, the Court said,

"Nowhere it is stated that the second respondent does not have powers to pass orders and in case, he found so, he should have forwarded the same to the Commissioner of police instead of rejecting the permission."

Significantly, the Court also noted,

"It is pertinent to point out that 'Sri Rama' is very close to the heart of the religious sentiments of Hindus and when people are allowed inside the movie halls, malls and other public places stipulating the basic safety measures like wearing masks and using hands sanitizer, I do not find any reason to validate the official stance taken by the second respondent in this matter."

The Court also remarked,

"It is also not stated in the order passed by the second respondent as to how there will be law and order problem, if the petitioner is permitted to take his van in and around Madurai."

Noting that the concerned authorities should not have restrained the movement of the petitioner's vehicle and this action was "high handed", the Court opined that they should have allowed the procession after imposing certain restrictions.

Therefore, the Commissioner of Police, Madurai City was directed to pass appropriate orders on the representation submitted by the petitioner immediately.

With the above observations, the Writ Petition was disposed of.

Case title - N. Selvakumar v. The Commissioner of Police, Madurai City and another [WP(MD)No.3562 of 2021 and WMP(MD)No.2887 of 2021]

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