Research › Search › Judgment

Madras High Court · body

2014 DIGILAW 3776 (MAD)

Kaliyappan v. Inspector of Police, Vasudevanallur Police Station, Tirunelveli

2014-10-13

M.VENUGOPAL

body2014
Judgment : 1. According to the Petitioner, the President of the Celebration Committee of the Temple viz., 'Arulmigu Sri Sivapackia Sithivinayagar Kovi'l at Ramanathapuram Village, Sivagiri Taluk, Tirunelveli Distric, is desirous to celebrate 'Purattasi Pongal Thiruvizha' and many devotees in and around the Village and other parts of the State ordinarily come and worship the 'Deity'. The said festival is scheduled to take place on 15.10.2014 and the Petitioner approached the Respondent in person with a Representation, dated 09.10.2014, to grant permission for the programme scheduled to take place on 15.10.2014. On the very same day, the Respondent / Inspector of Police, Vasudevanallur Police Station, Tirunelveli District, had rejected the request of the Petitioner. As such, the Petitioner is constrained to file the present Writ Petition. 2. Per contra, it is the submission of the Learned Additional Government Pleader that if the permission is granted to the Petitioner so as to enable him to take steps in regard to conduct of the 'Adal Padal' cultural programme, scheduled to take place on 15.10.2014, at the Petition Temple, then there is a possibility for cropping up of numerous problems relating to Law and Order and accordingly, the Respondent has not granted permission to the Petitioner, to conduct the said 'Adal Padal' programme on 15.10.2014. 3. It is to be pointed out that the commission of an act under Indian Penal Code is punishable as an offence. Likewise, an act done contrary to Indecent Representation of Women (Prohibition) Act, 1986 then the same becomes an offence. In reality, one cannot presume or assume of any illegal act/any illegality even before the grant of licence for the conduct of the 'Aadal Padal' programme at the Petition mentioned Temple festival, to be held on 15.10.2014. 4. In view of the fact that the Petitioner is desirous of conducting of 'Aadal Padal' cultural programme on 15.10.2014, this Court grants permission to the Petitioner to conduct the said programme in the Petition Temple on 15.10.2014 between 7.00 p.m and 10.00 p.m, subject to the following conditions:- a. The 'Adal Padal' cultural Programme should be conducted by the Petitioner on 15.10.2014 in an organized and peaceful atmosphere, without causing any Law and Order Problem. b. The Petitioner and other 15 Members of the Celebration Committee is directed to file an affidavit in a collective form before the Respondent / Police that there will not any obscene or vulgar dance during the performance by any of the prospective participants or others, as the case may be. 5. Reading of Section 2(c) of the Indecent Representation of Women (Prohibition) Act, 1986, defines “indecent representation of women” means the depiction in any manner of the figure of a woman, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to, or denigrating, women, or is likely to deprive, corrupt or injure the public morality or morals. In fact Section 3 of the Act 1986, speaks of Prohibition of advertisements containing indecent representation of woman. As a matter of fact, Section 4 of the Act enjoins Prohibition of publication or sending by post of books, pamphlets etc., containing indecent representation of women. 6. For the conduct of 'Adal Padal' programme on 15.10.2014 scheduled to take place on the Petitioner Temple between 7.00 a.m., and 10.00 p.m., in connection with the same the Petitioner is directed to apply for the licence before the Respondent / Police / concerned Authority and that the Respondent / Police / concerning Authority, is directed to accord licence for conducting the programme in question of course imposing necessary instructions, as deemed fit in the matter in issue. i. It is made clear that the Petitioner / Celebration Committee is permitted only to use Box type Loud Speaker and not Cone Type Loud Speaker with 80 decibels sound. ii. The Petitioner / Celebrating Committee is to provide proper parking place / parking of vehicles / two wheelers for visitors of the programme, who come to the Temple. iii. To witness the same, the Petitioner / Celebrating Committee Members is/are directed to provide adequate Light and Sound facilities for the programme in question. iv. In fact, if the scheduled programme is to be conducted at an inside auditorium, strictly the Petitioner / Organizers are to make provision for two exists. v. Also the Petitioner / Organizer is/are to provide separate sitting place for ladies / children to view the programme in question. vi. iv. In fact, if the scheduled programme is to be conducted at an inside auditorium, strictly the Petitioner / Organizers are to make provision for two exists. v. Also the Petitioner / Organizer is/are to provide separate sitting place for ladies / children to view the programme in question. vi. For the conduct of Adal Padal program, drinking water facility and toilet facility are to be provided for the benefit of the Public by the Petitioner / Organizer of the programme. vii. More over, the Petitioner / Organizing Committee Members to remit necessary amounts before the Government Treasury under the proper head of account of providing Bandobust by the Police and the receipts should be produced before the Respondent / Inspector of Police Vasudevanallur Police Station, Tirunelveli District, prior to the commencement of the programme. viii. The Petitioner / Celebrating Committee Members is / are to record the entire 'Adal Padal' programme, if any, through Video format and to give a copy of the Video and hand over the copy of the video to the Respondent / Police. ix. It is abundantly made clear that in the programme, which is to take place on 15.10.2014 at the Petition mentioned Temple, if any problem / problems cropped up, then the Petitioner / Organizer is/are to take full responsibility. x. If the Petitioner violates any of the conditions aforesaid then the Respondent / Police or duly Authorized Officer ought to have empowered to take necessary action in the manner known to law and in accordance with law (including one under the Indecent Representation of Women (Prohibition) Act, 1986) (60 of 1986) and to put an end to the said programme. xi. More importantly, if the programme / programmes exceeds / exceed the prescribed time limit between viz., 7.00 p.m., to 10.00 p.m., then the Respondent / Police without any hesitation whatsoever is directed to step in immediately and stop the Cultural/ Dance/ Drama programme. 7. With the aforesaid directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous Petition is closed.