Madras High Court allows birth anniversary celebration of LTTE leader V Prabhakaran, but says event must not affect India's sovereignty

The Madras High Court has allowed film director Pugazhenthi Thankaraj to conduct an oratory competition later this week to mark the birth anniversary of late Liberation Tigers of Tamil Eelam (LTTE) leader Velupillai Prabhakaran's birth anniversary [Pugazendhi Thangaraj v. The Inspector of Police]. .Justice G Chandrasekharan, however, said that Thankaraj and other organisers and participants must ensure that the event does not affect India's sovereignty or, the "sovereignty of friendly relations of SAARC nations.".Thankaraj had approached the Court challenging three of the eight conditions that the Chennai Police had imposed on the proposed event.He told the High Court that he was a supporter of the "Tamil Eelam Freedom Fighters" and that every year, he "celebrates" Prabhakaran's birth anniversary that falls on November 26.This year, he decided to get like-minded people and college students to participate in an oratory competition. The event was scheduled for December 23, 2022, and on December 14, the High Court granted him permission for the event. However, the police imposed several stringent conditions, following which the event was postponed, prompting Thankaraj to once again approach the Court..The three conditions that the film director contested were the police's instruction to restrict the event to three hours only; that no speeches eulogising the banned outfit LTTE or, any of its leaders be made; and that the organisers videograph the entire event and submit such recording before the police.Thankaraj argued that Article 19 of the Constitution gave every citizen the right to freedom of speech and expression, to assemble without arms, and to form associations. Therefore, any restrictions imposed by the police or the government on such freedom must be reasonable, he said..The Court agreed with the film director's submissions, and said that it was "unjust" to prohibit speeches eulogising the LTTE leaders, given that the event was meant to mark the birth anniversary of an LTTE leader. "As already stated, this Court on 14.12.2022 ordered the respondent to permit the conduct of oratory competition on the 68th Birth Anniversary of late Prabaharan (Prabhakaran) with suitable conditions. 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 order stated.The Court, however, added,"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.".It also directed the police to permit Thankaraj to hold the event for eight hours on the new scheduled date, and said that Thankaraj and other organisers cannot be expected to videograph the entire event. Therefore, if the police wanted a video record, it must make its own arrangements, the Court said. The petitioner's counsel said that the oratory competition is now likely to be held on Saturday, January 21..Senior Advocate S Doraisamy and Advocate V Elangovan appeared for Thankaraj.Government Advocate S Santosh appeared for the police..[Read order]