Madras High Court Quashes Conditions Imposed By Police Against Oratory Competition On Prabhakaran’s Birth Anniversary, Permits Speeches Eulogising LTTE Leader

Though the court relaxed the conditions imposed by the police, Justice G Chandrasekharan stressed that the event should not affect the sovereignty of the nation or its friendly relations with other nations.

"It is made clear that the speech shall not be against the sovereignty of the nation, should not affect the sovereignty of the friendly relations of SAARC nations. Other conditions are upheld."

Earlier, when Thangaraj had sought permission for conducting the birthday celebrations, it was rejected by the police authorities. Challenging this, he had approached the court. The court last month permitted Thangaraj to conduct oratory competition as part or birthday celebration with conditions as may be imposed by the police.

Of the several conditions, Thangaraj had challenged three conditions before the court. Firstly, the police had directed that the speech shall not eulogise the banned outfit or its leaders either directly or indirectly and should not be against the sovereignty of the Nation. Secondly, the competition time should not extend three hours. Thirdly, the entire event was to be videographed and the video was to be submitted to police.

The petitioner stated that the first condition is against the freedom of speech of the participants in the competition. Further, he submitted that a minimum of 8 hours are required for organising the competition. He also stated that when the police are going to cover the program for legal scrutiny, there is no need for him to videograph the entire event.

The court agreed with the submissions of Thangaraj. It noted that when the competition itself is being conducted as part of birth anniversary, a condition not to eulugise the leader is improper.

"When the oratory competition is conducted on the eve of 68th Birth Anniversary of late Prabaharan, a condition that speech should not eulogise the leader of banned outfit that is LTTE leader Prabaharan is not just and appropriate. We have already seen from the orders relied by the learned counsel for the petitioner that freedom of speech and expression should not be restrained."

The court also set aside the other conditions and said that the competition could go on for eight hours. The court also directed the police authorities to make their own arrangements to videograph the event.

"Therefore, aforesaid conditions namely condition Nos.1, 3 and 4 are set aside. Petitioner may be given eight hours time to conduct the programme from 10.00 a.m. on 23.12.2022. The respondent can make its own arrangement for video-graphing the oratory competition."

Case Title: Pugazendhi Thangaraj v. Inspector of Police

Citation: 2023 LiveLaw (Mad) 18

Case No: WP No.339 of 2023