'Can't Seek Relief At The Eleventh Hour': Madras High Court Dismisses Plea Against 'Specific Exclusion' of TN's Tableau In Republic Day Parade

Madras High Court has refused to entertain a public interest litigation filed by Advocate P. Babu against the exclusion of Tamil Nadu's Tableau for participation in 73rd Republic Day Parade scheduled for tomorrow. 

The first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu noted that the petitioner has failed to submit all relevant documents other than a few news items which cannot be the basis for the directions sought.

Colonel Dr. Edwin Jesudoss appeared for the petitioner and contended that the 'specific exclusion' of the tableau hurts the sentiments of the people of Tamil Nadu. The counsel sought direction to the Ministry of Defence for granting permission to participate in the parade to display the state's culture and its freedom fighters through TN's in the 73rd Republic Day parade to be held at New Delhi ON 26th January.

The counsel added that the Tamil Nadu CM, M.K Stalin, is currently seized of the matter and he also wrote to the Home Minister and the Prime Minister of India aggrieved by the exclusion. He also stated that the Defence Ministry has not cited any specific reasons for the exclusion of Tamil Nadu's Tableau.

In response to the court's query as to whether there are any written orders by the Union Government on rejection of tableau, the petitioner stated that the Centre has only orally communicated its rejection and there aren't any written orders adverse to the State of Tamil Nadu. the advocate also added that the Centre had allowed the state to go through three stages of selection process and rejected the tableau afterwards.

However, the court was not even convinced by the locus of the petitioner. The court orally remarked that the State Government ought to be aggrieved by the exclusion. The petitioner lacks the locus to file the PIL before the High Court, added the bench.

Accordingly, the court noted in the order that the petitioner was not even aware if the State of Tamil Nadu has given an application to the Ministry for inclusion of tableau, except the newspaper reports cited by him which cannot be taken into account by the High Court. The counsel also made a submission that the CM's letter was widely publicised in all media.

When the court frowned upon the petitioner for filing such a petition at the last moment or at the eleventh hour, given that the republic day parade will be held tomorrow, the counsel added that delay can be attributed to the Union for its failure to communicate the selection/rejection much earlier.