Title: Raja Desingu v The State of Tamil Nadu and Others
Citation: WP No. 29039 of 2023
Decided on: 16.10.2023
Coram: Justice G Jayachandran
Introduction
The Madras High Court allowed RSS to conduct route march, which was denied to them by the state. Justice G Jayachandran while delivering the judgement held that the reasons stated by the state while rejecting the request to rally were not valid. Merely because one religion is dominant in an area, other religion cannot be prevented from celebrating religious festivals or carrying out religious processions on the street. Such action is contrary to the constitution of India.
Facts of the case
A writ petition was filed under article 226 of the constitution of India, seeking a writ of mandamus in order to direct the respondents to allow members of Rashtriya Swayam Sevak Sangh ( RSS) to conduct the procession (Route March). RSS members have repeatedly tried seeking permission, however, there request was always denied.
The reason stated by the state for denying the representation is that there are various mosques and churches in the procession route and as the roads are really narrow, there are high chances of traffic congestion. At the same time, procession in the National Highways road was also shown as reason for rejection. Aggrieved by this the petitioners have approached this court.
Court’s observation and analysis
The court rejected all the reasons mentioned by the respondents in their rejection for the request of rally. The Madras High court while giving its judgement made reference to the case of Ramasamy Udayar v. The District Collector, Perambalur District and others (W.A.Nos.743 & 2064 of 2019), wherein the division bench of this court stated that roads or streets should be used as access to the people irrespective of their religion, caste or creed. Merely because one religious group is dominating in a particular locality, it cannot be a ground to prohibit from celebrating religious festivals or taking processions of other religious groups through those roads. Hence, the administration’s reasoning that there are various mosques and churches in the procession route was rejected. The administration’s actions are contrary to the principle of Secularism which is the foundation of our Constitution of India.
Having allowed this petition, the Madras High Court ordered the respondents to ensure peaceful procession by providing adequate bandobust. Further, they need to make all necessary arrangements for peaceful conduct of the rally/procession and the public meeting.
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Written by- Amrita Rout
