No unwarranted ban, Supreme Court tells Tamil Nadu which assures there is no ban

The Supreme Court, as well as the Madras High Court, on Monday, 22 January, heard an urgent petition saying the DMK government in Tamil Nadu has banned the live telecast of the Ayodhya ceremony across temples in the state and that poor feeding and bhajans are being stopped in private places.

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Madras High Court observations

Simultaneously, the Madras High Court heard a plea against the ban on ‘annadanam’ and ‘bhajans’ in private halls in Tamil Nadu. In a special sitting, Justice Anand Venkatesh said that ultimately, everyone concerned must remember that bhakti towards god is only for peace and happiness and not to disturb the equilibrium prevailing in society.

The court said that no police permission was required to telecast the program in private places, adding that for temples under the HR&CE department, prior information to the Executive Officer would suffice.

Justice N Anand Venkatesh passed the order on a writ petition challenging the refusal of permission by Assistant Commissioner of Police, Avadi Division, Pattabhiram Division Incharge (first respondent) to conduct Bhajan and Annadanam on Monday at a marriage hall in Pattabhiram in the city. The petition was filed by L Ganapathy.

The State, represented by Additional Public Prosecutor A Damodharan, said functions, bhajans and Annadhanams that are conducted in private enclosures like mandapams, private temples and any other private place do not require any permission from the police.

It will be left open to the organisers to make arrangements for live streaming of the Pran Prathishta at Ayodhya.

The government submissions

“Where, by conducting such functions, there is a possibility of spill over to the place which is accessed by the general public, the same has to be informed to the police in order to enable the police to take necessary measures to keep the situation under control and to ensure that no disturbance is caused to the free movement of the general public. If such functions are planned to be conducted within temples, which are within the control of the HR & CE (Hindu Religious and Charitable Endowments) Department, the concerned official belonging to the Department must be informed about the same before hand, and the permission will be granted subject to reasonable conditions imposed by the Department,” the government submitted.

Further, wherever, considering the local situation, the police is of the opinion that the area is sensitive, it will be left open to it to impose such restrictions and to ensure that the function does not lead to any unnecessary law and order problem, he added.

He also submitted that permission has been granted by the first respondent subsequently and the copy of the proceedings was also placed before this Court.

The judge said the “above stand taken by the State Government and the Police makes it quite clear that conducting the function considering the auspicious occasion, singing Bhajans/ uttering Rama Nama, (conducting) Annadhanams is not per se prohibited or restricted and it must be borne in mind that all this will be done in a responsible and pious manner today without giving rise to any law and order problem.”

“No misinformation or wrong information must be permitted to be spread and this will be kept in mind by all parties concerned. Ultimately everyone concerned must keep in mind that Bhakti towards God is only for peace and happiness and not to disturb the equilibrium prevailing in the society,” the judge said and disposed of the petition.

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SC asks state govt to act according to the law

The Supreme Court on Monday asked the authorities in Tamil Nadu to act in accordance with the law and not based on any oral instructions on “banning” special prayers and live telecast of the Ram temple consecration ceremony in all temples across the state.

A bench of Justices Sanjiv Khanna and Dipankar Datta, while hearing a plea seeking quashing of an “oral order” dated January 20 banning live telecast of the consecration ceremony at Ayodhya in temples across Tamil Nadu, said no one is bound to abide with the oral orders.

The bench took on record the statement of senior advocate Amit Anand Tiwari for Tamil Nadu that there are no restrictions on ‘puja archana’ in temples or live telecast of consecration ceremony at Ayodhya.

He said the plea is “politically motivated”.

The bench asked the authorities to put on record the reasons and maintain the data of applications which has been allowed for ‘Puja archana’ and live telecast of consecration ceremony in temples and those which have been disallowed.

The bench also sought response of the Tamil Nadu government on the plea by January 29. The plea has been filed by one Vinoj in which it has been submitted that the Tamil Nadu government run by the DMK has banned live telecast of the “pran prathishta” of Lord Ram at Ayodhya in all temples across Tamil Nadu.

‘Constitution applies equally everywhere’

Solicitor General Tushar Mehta told the Court: “A message must go from the highest constitutional court that constitution applies equally everywhere… a respected person has restricted the screening.”

He said some police stations had passed oral orders (enforcing the ban).

Justice Khanna said anybody asking for permission has to be dealt with in accordance with law. Oral orders cannot be acted upon.

He issued a notice returnable on Monday.

Senior Advocate Amit Anand Tiwari, appearing for the Tamil Nadu government, said: “There are no restrictions at all. These are just politically motivated pleas.”

Justice Khanna said: “Mr Tiwari says no such oral orders (as stated in the petition) are there and there is no ban on live telecast of pooja, etc., on occasion of Ram Mandir ‘pratistha’. We take this on record. We believe and trust that authorities will act in accordance with law and not oral instructions which, as noted above, is stated that is not issued.”

Justice Khanna said authorities will examine applications seeking permission for such livecasts and deal with them in accordance with the law. “If rejected, then reasons shall be given for the rejection of any such requests or prayers made by documents enclosed as annexure P2 (in the petition).”

SC says this is a ‘homogenous society’

The court was told among the reasons given for rejection (of livecast) in some localities was the presence of other communities.

Justice Khanna said: “This is a homogenous society… do not prevent it only because the A or B community is there.”

The court said: “What kind of reasons are given for rejection… how can a reason be given that Hindus are a minority at some place so you will not allow? these reasons are atrocious. if this reason has to follow, then it cannot happen across the state.”

Justice Khanna said: “Please see that there is no rejection for such reasons. That is why we have directed the maintenance of data. We will know how many were granted and how many were refused. “

Meanwhile, Union Finance Minister Nirmala Sitharaman claimed that the Tamil Nadu government was infringing the right of the Hindus to freely practice their religion.

“In this temple (Kancheepuram Temple) where there are inscriptions related to Ramayana, they (state government) are misusing the police by prohibiting the devotees from offering food as prasadam. They are also not allowing the people to witness the prime minister. The Hindu hating DMK is miosusing the police,” the Union minister claimed.

“The DMK is showing their personal hatred to the prime minister and supressing the worshippers,” she said.

Sitharaman also questioned the DMK for “infringing her right to worship as a Hindu and from watching what is happening in Ayodhya”.