Madras HC overturns TN govt decision, permits Hindu conference in Cuddalore

The court said that a complete ban cannot be imposed on religious meetings as Article 25 allows free practice and propagation of one's religion subject to public order and morality

New Delhi, Jan 28: The Madras High Court on Friday held that the state of Tamil Nadu cannot impose a complete ban on religious meetings under Aricle 25 of the Indian Constitution, which allows free practice and propagation of one's religion subject to public order, morality and health.

The observations were made while the court allowed Hindu outfit, Makkal Katchi- Tamizhagam to hold its state conference in Cuddalore, Tamil Nadu on January 29.

Reports said that the Hindu group had petitioned the High Court after being denied permission by the local police denied it permission for such a conference. The police rejected the permission on the ground that the group may make statements against other religions and faiths and this would lead to tension among the public.

The Cuddalore Police also cited the April 1986 Order of the Government of Tamil Nadu which prohibited any religious procession through any place that is predominantly occupied by people of other religion.

Justice G Chandrasekaran of the Madras High Court cited the citizens' fundamental right to practice and propagate and propagate religion. The judge granted permission for the conference on January 29 between 3 pm and 10 pm subject to certain conditions.

"Considered the rival submissions. Article 25 of Constitution of India gives freedom of conscience and free profession, practice and propagation of religion. It is reads as follows: 'Subject to public order, morality and health and to the other provisions of this part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.' Therefore, there can be no total ban for the conduct of religious meeting organized by the petitioner," the High Court said.

The court however made it clear that the participants shall not sign songs on or speak ill of any individuals, caste or religion.

The court also said that Hindu group shall refrain from speaking or expressing anything on organisations that have been banned by the Union Government. They must not indulge in activity that disturb the sovereignty of India.

Makkal Katchi- Tamizhagam had also sought permission for a public procession, but the same was denied on the ground that it would lead to traffic congestion, the likely spread of COVID-19 etc as expressed by the local police and state administration.

The TN government cited from the invitation of the group to tell the court that the event would involve the participation of Sanyasis, Dharmakarthas and ardent followers of the Hindu religion.

The High Court while granting permission took note of the submission by the Makkal Katchi- Tamizhagam that it would submit an affidavit stating that the conference will not cause any law and order issues.