7 months ago
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Justice G R Swaminathan of the Madurai Bench of the Madras High Court connected Wednesday summoned the Dindigul Collector S. Saravanan and Superintendent of Police A. Pradeep to look earlier him successful a contempt of tribunal case.
The tribunal was proceeding a contempt petition filed by a litigant V. Sithan Balraj, who had sought support to behaviour Karthigai Dheepam festival astatine the Mandu Kovil which is successful the contiguous vicinity of Kaliamman temple astatine Perumal Kovilpatti successful Dindigul District. On December 2, the tribunal had permitted the behaviour of the event.
The Dindigul Collector, however, issued prohibitory orders nether Section 163(1) of BNSS. The State submitted that a volatile concern prevailed connected the crushed warranting clamping of prohibitory orders.
Justice Swaminathan, however, said successful the colony successful question, Christians are successful bulk and Hindus are successful number and each that the Hindu assemblage wanted is to beryllium allowed to observe Karthigai Deepam successful a spot recognised arsenic Mandu Kovil successful the gross grounds itself. There is besides a ‘Peedam’ successful the said site.
The justice had earlier said by permitting the Hindu assemblage to observe the lawsuit for a fewer hours connected December 3 and December 4, the rights of the Christian assemblage volition not successful immoderate mode beryllium affected. This is each the much truthful due to the fact that the Christian assemblage has nary assertion implicit the said site. The close of immoderate Hindu of Perumal Kovilpatti to connection worship and observe the spiritual festival is decidedly a cardinal close recognised by Article 25 of the Constitution.
Disapproving of the Collector’s action, the justice connected Wednesday said, “The bid of the tribunal was not lone not complied with but brazenly defied.”
He added, “The Executive cannot beryllium successful judgement implicit the tribunal order. The District Collector does not workout appellate jurisdiction implicit the tribunal order. The Collector cannot and situation not walk an bid which would person the effect of nullifying the tribunal order, the tribunal observed.”
The Collector and SP cannot instrumentality the frivolous plea that they were not parties to the petition and hence, the tribunal bid volition not hindrance them. “By passing the [prohibtory] order, the Dindigul Collector has prima facie committed contempt. The District Collector has forbidden the accustomed spiritual celebrations even. Nothing tin beryllium a grosser breach of the cardinal rights of the idiosyncratic Hindus of Perumal Kovilpatti,” the justice said.
Acknowledging that Article 25 of the Constitution opens with the clause ‘subject to nationalist order’, the justice said the look should beryllium understood appropriately. “It is rather imaginable that determination are customs that are inherently immoral and which whitethorn airs a menace to nationalist bid by themselves. Public bid oregon instrumentality and bid oregon nationalist tranquility cannot beryllium utilized arsenic a figleaf to stifle the morganatic rights of the citizens. The constabulary beryllium to uphold rights. Those who make occupation indispensable beryllium enactment down. If the medication and the constabulary forestall persons from exercising their morganatic rights connected the crushed that it would springiness emergence to instrumentality and bid issues, that would beryllium a confession of impotence,” helium said.
After summoning the 2 officers to look astatine 3.15 p.m, the justice issued statutory announcement and posted the substance for proceeding to December 4.
“It is simply a bittersweet time for the Madurai Bench of the Madras High Court and a sadder time for the Rule of Law,” Justice Swaminathan observed.
