Madras High Court allows Muharram procession with drums, music despite opposition by Muslim group

Citizens' right to conduct a religious procession is protected under Article 19(1)(b) and (d) of the Constitution and no one can interfere with the same, the Madras High Court said on Monday while permitting a local Muslim group in Tirunelveli district of Tamil Nadu to conduct Muharram procession with music and beating of drums despite opposition by another Muslim group..In an order passed on July 15, Justice GR Swaminathan said that when fundamental rights of citizens are under threat by fundamentalist elements, it is the duty of the State to tackle such fundamentalist forces."If one's fundamental rights are under threat, the duty of the administration is to uphold the rights and put down those interfering with the exercise of the rights. Fundamental rights shall take precedence over fundamentalist forces," the Court said.Therefore, it allowed the petition filed by one Thameem Sindha Madar who approached the Court saying that while a section of Muslim devotees in Ervadi town in Tirunelveli had traditionally been carrying out Muharram procession with beating of drums and music known as Santhanakoodu procession and Kuthirai Pancha for years, they were facing opposition from another section of Muslim devotees this year..This opposing section that called itself the Thowheed Jamath were opposing such beating of drums and related rituals, insisting that those had a corrupting influence on devotees and that Islam should be practiced in its pure and original form free from such rituals.When the petitioner and others approached the district authorities, the latter failed to restrain the opposing group from interfering with their religious tradition and instead asked the petitioners to refrain from going ahead with the beating of drums and related rituals this Muharram..While the district and State authorities cited possible law and order disruptions if the petitioner went ahead with the beating of drums and such rituals, the court said that the authorities were wrong and had taken the easy way out by allowing one group to interfere with the other’s right to freely profess their religion..“The petitioner and his associates have the fundamental right to conduct their religious procession. This right stands protected by Article 19(1)(b) and (d) of the Constitution of India. This right has been exercised by the petitioner's forefathers over centuries. It is not open to Thowheed Jamath to dictate to the petitioner's group as to how they should conduct the festival. Thowheed Jamath has no right to prevent the petitioner's group from going on a religious procession. It is unfortunate that the District Administration chose to succumb to the threats held out by the fundamentalist elements....If the District Administration is to take the easy and lazy option of prohibiting the exercise of the right by citing law and order issues, it would betray their impotence,” Justice Swaminathan said..The judge accordingly allowed the petition and directed the local police to ensure adequate safety arrangements are made for the procession. It further said that those who did not like the Santhanakoodu procession and Kuthirai Pancha should abstain from participating and “stay indoors.”.Advocate G Prabhu Rajadurai appeared for the petitioner.Special Government Pleader K Balasubramani, Government Advocate Albert James, Senior Counsel T Lajapathi Roy, and advocates T Seeni Syed Amma and S Balaji appeared for the respondents..[Read Order]