The Madras HC bench headed by Justice Mr.Satish Kumar, 26 Augst 2022, directed Coimbatore Police to grant permission to Install Ganesh Idol in a Housing Board Colony after obtaining clearance from local Jamaat. This direction was issued while disposing a petition from Mrs,Mahalakshmi who prayed permission to install Ganshe Idol at Pullakadu Housing Unit in Ukkadam South , Coimbatore. The colony has been celebrating Ganesh Chaturthi every year for long time.
This “Bizarre “direction “contravenes the provisions of constitution of India. This order also contradicts the order Madras HC Madurai Bench , headed by Justice G.R.Swamynathan , that ruled in 22 August 2022 “no Police Permission required for temple festivals in Tamil Nadu. The Two Judges Madras HC bench of Justices Mr. Kirubakaran and Mr.P. Velmurugan , on 08 May 2021, while disposing the petition over the conduct of temple procession in Kalathur village in Perambalur dist in TN. The bench observed “Allowing intolerance not good for a secular country.”. The bench further remarked “ Merely because one religious group is dominating in a particular locality, it cannot be a ground to prohibit from celebrating r religious festivals or taking processions through those roads”. The bench also rejected Police apprehension of “Law and Order “disturbance.
The recent direction of Justice Sathish Kumar is against the rights of citizens in practicing their faith. This will embolden the “radical “groups to take law into their hands. There are only few pockets of Muslim dominated localities’ / areas in the country and majority live in areas/localities of predominantly of Hindus. What would happen If the majority Hindus, take cue from this Judgement, insist their “clearance” is must for Muslims to celebrate their festivals and practice rituals ? Will this order/direction not lead to the Jamaats/ fringe radical groups take law into their hands challenging the administration? Will the learned Judge recall the direction ? Will the CJ of Maras HC/ CJI will take cognizance of the issue and nullify the order?
-Ramamurthy ji
