Today, On 13th November, The Madras High Court directed Tamil Nadu authorities to return the Bharat Mata statue seized from the BJP office. The Court clarified that while statues on public property require prior approval from state authorities, such regulations do not apply to private spaces like homes or offices. The judgment emphasized the distinction between public and private domains regarding statue installation
Chennai: The Madurai Bench of the Madras High Court on Wednesday ordered Virudhunagar district authorities to return the Bharat Mata statue that was unlawfully seized from the BJP office in Kottaipatti village.
Justice N Anand Venkatesh stated that,
“While statues on public property require prior approval from state authorities, such regulations do not apply to private spaces like homes or offices.”
He emphasized that,
“No legislature or executive body should interfere in the private affairs of a citizen or association, condemning the high-handed action of the authorities.”
The Court described the removal of the statue as a likely result of external pressure and stressed that such behavior is unacceptable in a welfare state governed by the rule of law.
The judge further noted that placing the statue in a private space, like a garden or home, symbolizes hope, unity, and respect for the motherland, inviting reflection on ideals of freedom, resilience, and cultural identity.
Madras High Court remarked,
“It is not the business of the State and its officers to control or regulate the affairs inside the private space of a citizen. Such a course is constitutionally forbidden.”
The Court passed this order on a petition filed by G Pandurangan, BJP District President of Virudhunagar, who sought a direction to the district authorities to return the Bharat Mata statue to the BJP office and prevent interference with the party’s right to install the statue on their premises.
BJP argued that the statue was installed as a symbolic representation of national unity, but was unlawfully seized by the ruling party in Tamil Nadu with police assistance. The authorities countered by citing Tamil Nadu’s 2022 guidelines, which mandate prior government approval for installing statues and call for the relocation of statues that may cause unrest. They also referenced a 2017 government order requiring approval for all new statues, even on private property.
The Court, however, disagreed with these claims. It stated that expressing patriotism and love for one’s country cannot threaten the State or community, as the Constitution encourages such values under Article 51-A.
The Court also noted that unlike statues of public figures, which can affect public sentiment, the installation of a Bharat Mata statue on private property is a personal and symbolic act. It reflects an individual’s respect for their motherland and serves as a reminder of cultural values and heritage.
The Court allowed the BJP’s petition, ordering the authorities to return the statue.
Senior Advocate Ananda Padmanaban represented the BJP, while Additional Advocate General Veerakathiravan and Additional Public Prosecutor S Ravi represented the State.
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