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2017 DIGILAW 3446 (MAD)

M. Sangili v. Chief Secretary of Tamil Nadu, Chennai

2017-10-26

INDIRA BANERJEE, J.NISHA BANU

body2017
ORDER : 1. This writ petition by way of Public Interest Litigation has been filed by an Advocate of the Thevar Community, praying for a Writ of Mandamus to grant permission to private vehicles to enter Muthuramalinga Thevar Memorial Place at Pasumpon, Ramanathapuram District on the occasion of Thevar Guru Pooja on 28.10.2017, 29.10.2017 and 30.10.2017. 2. The impugned order dated 08th September 2017 issued by the District Collector and District Magistrate, Ramanathapuram District at paragraph No. 8 reads, inter-alia, as follows:- "8. Now, therefore, with a view to maintain law and order and to avoid disturbance to the public tranquility, I do hereby, promulgate orders under section 144 Cr. P.C. prohibiting any public meeting or assembly of five or more persons or procession, except with the prior permission of the undersigned, for a period of two months from 9th September 2017 and also prohibiting from 9th September to 15th September and 25th October to 31st October 2017, the entry from other Districts of all types of hired vehicles (Tourist Motor Cabs, Tourist Maxi Cabs, All India Tourist Motor Cabs, All India Tourist Maxi Cabs and Omini Buses and any other Tourist vehicles including stage carriages with temporary or special permits or goods carriers and tractors as well as two wheelers and Autorickshaws) carrying volunteers intending to participate in the birth/death anniversaries of various leaders including Immanuel Sekaran death anniversary and Thevar Gurupooja going to be observed in Ramanathapuram District. Carrying jothi (torch) is also prohibited except from within one kilometre of the venue and with prior permission of the undersigned during these events." 3. The said paragraph makes it amply clear that with a view to maintaining law and order and to avoid disturbance, orders have been promulgated under Section 144 of the Criminal Procedure Code prohibiting any public meeting or assembly of five or more persons or any procession between 25th October 2017 and 31st October 2017, except with prior permission of the District Collector. The entry from other districts has been prohibited for all types of hired vehicles. There is no restriction to the movement of hired vehicles from the local area where the Gurupooja is scheduled to be held. 4. The entry from other districts has been prohibited for all types of hired vehicles. There is no restriction to the movement of hired vehicles from the local area where the Gurupooja is scheduled to be held. 4. The prayer in the writ petition seems to be misconceived since there are, as yet, no restrictions to the entry of private vehicles to Pasumpon, except that the vehicles are only required to be parked a certain distance (about 100 mtrs or so) away from the memorial place. This is because the lanes leading to the memorial place are narrow and the unrestricted entry of private vehicles would cause complete traffic disruption. Restrictions to movement of vehicles is always permissible in law. Vehicles may, by order, be prohibited from entering any road. 5. Learned Counsel appearing on behalf of the petitioner submits that the prohibition on the entry of hired vehicles and private taxis to Ramanathapuram from other districts is arbitrary and unjustified. If private vehicles are allowed, private taxis and hired vehicles should also be allowed to enable members of the community, who do not possess their own cars, to visit the Memorial at Pasumpon. 6. However, there appears to be some rational justification in the differentiation between private cars and taxis and/or cars and/or other vehicles on hire, since it might be difficult to identify and/or track down the users of hired cars. 7. Right to freedom of conscience and to worship is undoubtedly a fundamental right, a right which is non-negotiable and has to be respected at all costs. However, freedom of conscience and free profession, practice and propagation of religion guaranteed under Article 25 of the Constitution of India is subject to public order, morality and health and subject to the other provisions of Part III of the Constitution, which includes rights of the people in general under Article 21 of the Constitution to life and personal safety. 8. In our considered view, the rights guaranteed under Article 25 of the Constitution of India does not include the right to travel to any particular religious place by any specific mode of transport. The sacred right guaranteed under Article 25 of the Constitution of India does not stand in the way of restrictions to maintain law and order and public tranquility and/or to prevent communal disturbances. 9. The sacred right guaranteed under Article 25 of the Constitution of India does not stand in the way of restrictions to maintain law and order and public tranquility and/or to prevent communal disturbances. 9. It appears that restrictions of the kind now under challenge are being imposed from the year 2013 onwards in view of the gruesome untoward incidents which took place during Gurupooja held in the year 2012 and earlier. In fact, restrictions similar to those imposed in respect of Ramanathapuram District and also in respect of other Districts where similar poojas are conducted by persons belonging to rival groups were challenged in this Court. This Court has, by its orders dated 10.09.2013 (in W.P. (MD) Nos. 13607 of 2013, etc.) 20.10.2014 (in W.P. (MD) No. 27806 of 2014) and 28.10.2014 (in W.P. (MD) No. 17095 and 16855 of 2014) upheld the restrictions. 10. It is most unfortunate that in the garb of worship and in the garb of commemorating the contributions of leaders, communal tension raises its ugly head. The basic tenet of any worship is compassion, kindness and respect for lives of people. No religion preaches cruelty. It is unfortunate that in the past people have been brutally attacked and even beaten to death on occasions like this. 11. A perusal of the records placed before us and also the earlier orders of this Court indicate that restrictions are necessary in the interest of persons of this very community celebrating gurupooja, as they are vulnerable to attack from anti-social elements from rival communities who might enter the area under the garb of observing guru pooja only to create trouble and tension. Unrestricted entry of such persons is against public interest. 12. We are informed that the restrictions imposed by the order dated 08.09.2017 will not affect the flow of traffic on the National Highways. The restrictions apply to entry of all hired vehicles, such as tourist motor cabs, tourist maxi cabs, trucks, vans, public carriers etc. from other districts to Pasumpon. 13. Pursuant to our direction, dated 25.10.2017, a report has been filed by the fourth respondent. The narration of the kind of shocking incidents which have been taken place in the year 2011 and 2012 are horrifying. We do not, therefore, deem it appropriate to interfere with the restrictions imposed by the order impugned. from other districts to Pasumpon. 13. Pursuant to our direction, dated 25.10.2017, a report has been filed by the fourth respondent. The narration of the kind of shocking incidents which have been taken place in the year 2011 and 2012 are horrifying. We do not, therefore, deem it appropriate to interfere with the restrictions imposed by the order impugned. The report reveals that the State Transport Corporation has agreed to provide 100 buses from each neighbouring district exclusively to the memorial place on 29.10.2017 and 30.10.2017. The members of the Thevar Community and others would have the option to avail these buses. We also direct the State Government to make arrangements for special buses/tempo travellers from the point at which the restrictions commence i.e. the border of the district and/or from the National Highway to Pasumpon. The police authorities shall make adequate security arrangements for smooth entry and exit from the memorial place during the gurupooja days. 14. The writ petition is disposed of accordingly. No costs.