The Madurai Bench of Madras High Court on Wednesday directed the Virudhunagar district authorities to return the statue of Bharat Mata (Mother India) which was unlawfully seized from the Bharatiya Janata Party (BJP) office in Kottaipatti village [Bharathiya Janatha Party v. The District Collector and Three Others].

Justice N Anand Venkatesh observed that though installation of statues on public property requires the prior approval of State authorities, such regulations cannot be applied to the private sphere of a person's home or office.

It went on to observe that no legislature or executive should arrogate to themselves any power to interfere with the private affairs of a citizen or an association.

"It is not the business of the State and its officers to control or regulate the affairs inside the private space of a citizen. Such a course is constitutionally forbidden," the single-judge said.

He condemned the highhandedness of the State authorities in having taken away the statute from a private property and said that it could have been done due to the "pressure exerted" on the authorities.

"I have no doubts in my mind that the respondents have high-handedly taken away the statue of Bharatha Matha from a private property, probably due to pressure exerted elsewhere. This act on the part of the respondents is highly condemnable and should never be repeated in future. We are living in a welfare State which is governed by Rule of Law. Therefore, such high-handedness can never be tolerated by a Constitutional Court exercising its jurisdiction under Article 226 of the Constitution of India", the Court noted in its order.

The Court went on to state that placing a statue of Bharat Mata in one’s garden or home is akin to creating a personal shrine that embodies hope, unity and respect for the motherland.

It invites reflection on the ideals of freedom, resilience and cultural identity that the statue represents, the single-judge added.

The Court passed the order on a plea filed by Virudhunagar BJP District President G Pandurangan who sought directions to the district authorities to return the statue to the BJP office and to forbear them from intervening with the rights of BJP officials to install the statue within their office premises.

It was BJP's stand that the statue was installed in the office premises as a symbolic representation of one nation. It was argued that the same was illegally taken away by the ruling party in Tamil Nadu with the help of police.

The District authorities countered by referring to the Tamil Nadu government's guidelines issued in 2022 which had directed that no new statue should be installed for any leader and that there must be proper maintenance of statues already in place.

The guidelines also mandated that statues that have a proclivity for causing unrest should be relocated to other places.

It was further contended that as per another government order issued in 2017, prior approval of government is a must for the installation of any new statue.

As regards such installations on private property, it was argued that a 2022 interim order by a Division Bench of the High Court had directed that the authorities concerned must have vigil over the area where a statue is installed even if it is a private place, and that no one can install a statue without getting prior permission.

The Court, however, disagreed with the State's contentions and held:

"No person in his right senses could seriously contend that expressing one’s patriotism and love for one’s country would imperil the interests of the State or the community. Indeed, the position is precisely the converse as the Constitution itself enjoins the citizen to promote such values in terms of the Fundamental Duties under Article 51-A."

The Court observed that unlike statues of public figures the installation of which often requires permission due to their potential impact on public sentiment and communal harmony, the installation of a statue representing one’s cultural and national identity in a private space can be viewed through a different lens.

"The installation of a statue of Bharatha Matha on private property is a deeply personal and symbolic act that reflects an individual’s reverence for their motherland...While it is essential to respect local laws and community sentiments, the act of honoring Bharatha Matha is fundamentally an expression of love and pride. It serves as a reminder of the values and sacrifices associated with one’s heritage," the Court said.

Therefore, it allowed the plea and directed the authorities to hand over the statue back to the BJP officials.

Senior Advocate Ananda Padmanaban appeared for the Bharathiya Janatha Party.

Additional Advocate General Veerakathiravan and Additional Public Prosecutor S Ravi represented the respondent State government

[Read Order]