"Total Ban For Conduct Of Religious Meetings Not Possible": Madras High Court Allows Hindu Outfit's Conference

The Madras High Court has recently allowed the Indu Makkal Katchi-Tamizhagam to conduct their State conference on 29th January 2023. Indu Makkal Katchi is a right-wing, Hindu nationalist party in Tamil Nadu. It was set up by the RSS as a front for its political activities in Tamil Nadu

Justice G Chandrasekharan allowed the plea filed by the party challenging the order of the Inspector of Police, Pudhu Nagar Police Station, Cuddalore rejecting permission to conduct the State conference and public procession.

The State submitted that the reason for the rejection was due to several representations from various organizations opposing the conduct of the State conference. Since the conference involved the participation of Sanyasis, Dharmakarthas, and ardent followers of the Hindu religion, there was every possibility that they would speak ill about other religions.

The state also submitted that the District Superintendent had rejected permission noting that the organization had not provided details of the number of persons participating or the proposed route for the procession. It was also noted that since the District was populated by persons of all religions if a conference and procession was allowed, law and order problems would arise causing disturbance to public peace. 

The State also submitted that following the PFI ban, there was a possibility that Anti-social elements would try to infiltrate the gatherings and cause disturbance to the public place.

Further, the procession would cause heavy traffic jams causing difficulty for school-going children and patients going to the nearby hospitals. The State also relied on a Government Order which prohibited religious procession through a place predominantly occupied by other religious people. 

To this, the petitioner organisation informed the court that they were ready to file an affidavit undertaking that participants in the conference will not indulge in any kind of activities that will endanger the religious peace or harmony.

Taking note of this submission, the court noted that the Constitution, under Article 25, gives every person the freedom of conscience and free profession, practice and propagation of religion. Thus, there could not be a total ban on conduct of religious meetings. Thus, the court allowed the organisation to conduct the procession.

Taking into consideration of all the aspects, including petitioner's right to practice and propagate religion, this Court is of the view that permission may be granted to the petitioner for conduct of conference on 29.01.2023 at Manjakuppam Ground, Cuddalore at 03.00.P.M to 10.00.P.M., subject to necessary and appropriate conditions. 

However, considering the possibility of traffic hazards and the possibility of anti-social elements infiltrating the procession and causing law and order problems, the court thought it fit to not allow the procession. 

While allowing permission for conducting a conference, the court however directed that the participants should neither sing songs or speak ill on any individual, caste or religion. Further, they should not talk or express anything in favour of organisations banned by the Government of India or disturb the sovereignty and integrity of the country.  

The organisers were also directed the make arrangements for drinking water, first aid, mobile toilets, cctv cameras, Fire fighting equipments etc and keep sufficient volunteers to help the police in regulation of traffic and the participants. 

Case Title: RS Deva alias Kamadevan v. The Home Secretary and others

Citation: 2023 LiveLaw (Mad) 32