The Madras High Court on Friday rejected a rightwing group's petition for permission to hold a procession in Chennai on February 18 [S.Yuvaraj v The Commissioner of Police].Bharat Hindu Munnani had planned to hold a procession in relation to the controversy surrounding Madurai Thiruparankundram hill. According to The News Minute, communal tensions have erupted in Thirupparankundram where the hill houses both Tirupparankundram Subramaniyaswamy temple and the Sulthan Sikkandhar Avulia dargah.The Hindutva group in the plea filed through its Deputy District President S Yuvaraj said they intend to take out procession to "condemn action of other religion" by procession with “divine spear” to reach a temple in Chennai..Justice GK Ilanthiraiyan said the streets through which the procession is planned are situated in the heart of commercial area of Madras. Those streets are meant for wholesale business and people belonging to different religions undertake their business there, the Court noted."If a particular religion is allowed to conduct a procession that too by carrying the “Divine Spear” (Vel) and singing of their devotional songs, it would affect communal harmony prevalent in that area. Though the constitution enshrines Freedom of Speech and Expression under Article 19(1)(a) of Constitution of India, it cannot be misused by the protesters by a particular religion people by endangering Sovereignty, Unity and Integrity of our Country," the Court said..The Bench also found that after a demonstration of the same group at Madurai, two cases have been registered on the allegation that provocative statements were given with an intent to cause riot."They also promoted enmity between different groups, on the ground of religion and race by committing an act which is prejudicial to the maintenance of harmony between different religion which disturbs the public tranquility," it added..Further, the Court observed that the issue relating to Thiruparankundram hill has already been settled before the revenue authorities. Therefore, the Court said there was absolutely no need to conduct any procession to condemn the Thiruparankundram hill incident as it will once again provoke people of other religion people and lead to breach of peace.Considering the situation, the Court ordered the State to ensure harmony in the area. "Therefore, the respondents shall not permit any form of protest that disrupts public peace and harmony. The respondents have to take necessary measures to ease religious tensions and restore the previously prevailing order and harmony.".The Court further remarked that Hindu, Muslim and Jain have lived on the hill peacefully, respecting the wishes of each other."In fact, the Unity in Diversity is the strength of our nation and the Government has to maintain harmony among all the communities and religion. Therefore, the Government shall ensure that religious sentiments and beliefs of any community will not be harmed in any manner and shall not allow anybody to affect the peace and harmony," it added. .Unity in Diversity is the strength of our nation and the Government has to maintain harmony among all the communities and religion.Madras High Court.Therefore, the Court said the representation submitted by the petitioner to for a permission to take out procession cannot be granted."However, the petitioner and other devotees are always permitted to worship the deity at Sri MuthuKumarasami Kovil Devasthanam, Rasappa Street, Chennai and no one can restrain them to worship the deity," the Court ordered, while dismissing the plea..Advocate G Mutharasu represented the petitioner S Yuvaraj.State Public Prosecutor Hasan Muhamed Jinnah and Additional Public Prosecutor A Damodaran represented the State..[Read Order]
