The Madras High Court dismissed Bharat Hindu Munnani’s petition to hold a procession in Chennai regarding Thiruparankundram hill, citing concerns over communal harmony. The court emphasized the need to maintain peace and respect among different religious communities in the area.
Chennai: The Madras High Court on Friday (Feb 14th) rejected a petition filed by Bharat Hindu Munnani seeking permission to hold a procession in Chennai on February 18 in relation to the controversy surrounding Madurai’s Thiruparankundram hill.
The Thiruparankundram hill has become a site of communal tension as it houses both the Tirupparankundram Subramaniyaswamy temple and the Sulthan Sikkandhar Avulia dargah. Citing this controversy, Bharat Hindu Munnani’s Deputy District President, S Yuvaraj, moved the High Court seeking permission for a procession to “condemn the action of other religion” while carrying a “Divine Spear” (Vel).
Justice G.K. Ilanthiraiyan, while dismissing the plea, noted that the proposed procession route runs through Chennai’s commercial hub, where people of different religions conduct their businesses.
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The Court warned that allowing such a procession could disturb communal harmony:
“If a particular religion is allowed to conduct a procession that too by carrying the ‘Divine Spear’ (Vel) and singing their devotional songs, it would affect communal harmony prevalent in that area.”
The Court emphasized that while the Constitution guarantees Freedom of Speech and Expression under Article 19(1)(a), this right “cannot be misused by a particular group to endanger the sovereignty, unity, and integrity of the country.”
The Bench also pointed out that after a previous demonstration in Madurai, members of the same group were booked for allegedly delivering provocative statements intended to incite riots. The Court noted:
“They also promoted enmity between different groups, on the ground of religion and race, which disturbs public tranquility.”
Further, the Court clarified that the dispute over Thiruparankundram hill had already been settled by revenue authorities. It stated that there was no justification for holding a protest as it would only serve to provoke religious tensions and disturb peace.
The High Court directed the State government to take necessary steps to maintain peace in the region:
“The respondents shall not permit any form of protest that disrupts public peace and harmony. Necessary measures must be taken to ease religious tensions and restore order.”
The Court further remarked that Hindus, Muslims, and Jains have coexisted peacefully on Thiruparankundram hill for centuries, respecting each other’s beliefs.
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“Unity in Diversity is the strength of our nation, and the Government must maintain harmony among all communities and religions.”
While dismissing the plea, the Court assured the petitioners that they are free to worship at Sri Muthu Kumarasami Kovil Devasthanam in Chennai but cannot take out a procession that could inflame communal tensions.
Advocate G. Mutharasu represented the petitioner, while State Public Prosecutor Hasan Muhamed Jinnah and Additional Public Prosecutor A. Damodaran represented the State.
Case Title – S.Yuvaraj v The Commissioner of Police
Read the Judgement here:
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