Madras High court says there cannot be total ban on religious meetings, allows Hindu outfit meet in Cuddalore

Article 25 of the Indian Constitution provides for propagation of one's religion and the State cannot impose a "total ban" on religious meetings, the Madras High Court said on Friday while permitting the Hindu outfit, Indu Makkal Katchi- Tamizhagam (IMKT) to conduct its State conference in Cuddalore district of Tamil Nadu on January 29 [RS Deva v The Home Secretary]. .The organisation had approached the High Court after the local police denied permission for such conference on the ground that IMKT, a self proclaimed Hindu body, might make statements against other religions and faith, and the same would lead to "tension" among the public, and a law and order situation.The Cuddalore police also cited an April 1986 Government Order (GO) of the Tamil Nadu government that prohibited religious procession through any place that is "predominantly occupied by other religious people."Justice G Chandrasekaran of the High Court, however, cited the citizens' fundamental right to practice and propagate religion, and granted permission for IMKT's conference on January 29 between 3 pm and 10 pm, subject to some 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 Court said. But the High Court prohibited the participants of the conference from either singing "songs" on, or, speaking ill of "any individuals, any caste, religion, etc."The Court also said that participants must not speak or express anything on organisations that have been banned by the Union government. They must not indulge in any activity that disturb India's sovereignty and integrity, the Court said.IMKT had also sought permission for a public procession that it had proposed to conduct on the same date. However, the High Court refused permission for the procession after taking note of the apprehensions on traffic congestion, likely spread of COVID-19 etc, expressed by the local police and the State administration. The TN government quoted from the invitation circulated by the petitioner to tell the Court that the proposed conference "would involve the participation of Sanyasis, Dharmakarthas and ardent followers of Hindu religion. There is every possibility that while speaking about Hindu religion, they would speak ill against other religions. In that event, it would necessarily create unrest among other religions and consequent law and order problem, it was submitted..The organisation members, however, volunteered to submit an affidavit stating that the conference will not cause any law and order issues. The High Court took note of the submissions and granted permission for the conference.The Court also directed the petitioner to ensure that participants of the conference adhere to all safety protocols, traffic and noise pollution norms etc.Advocate S Mayilnathan appeared for the petitioner.Government Advocate S Santhosh appeared for the respondent police. .[Read Order]