The Madras High Court delivers landmark judgement on Balancing Right to Freedom of Expression
P.Muthukarupan vs The Deputy Superintendent
Decided on: 17 July, 2023
CORAM :THE HONOURABLE DR.JUSTICE D.NAGARJUN
Introduction:
Writ Petition (MD) No.17101 of 2023 involves a legal battle between P. Muthukarupan, the petitioner, and the Deputy Superintendent of Police and Inspector of Police in Trichy District, the respondents. The petitioner sought a writ of certiorarified mandamus to challenge the impugned order passed by the second respondent, denying permission to conduct cultural programs, namely, Mahamayi Drama and Gramiya Themmangu Aadalum Paadalum Nigazhichi. The case was presented before the Madurai Bench of Madras High Court, presided over by Justice D. Nagarjun.
Factual Background:
The petitioner, P. Muthukarupan, intended to organize two cultural events – Mahamayi Drama scheduled on 17.07.2023 from 09:00 pm to 05:00 am, and Gramiya Themmangu Aadalum Paadalum Nigazhichi organized by DMV Nanbargal Deeban Manikandam Kuzhu, scheduled on 18.07.2023 from 07:00 pm to 12:00 am. The petitioner filed a representation on 05.07.2023, seeking permission from the respondent police for both events. However, the police refused to grant permission, prompting the petitioner to approach the High Court through this writ petition.
Petitioner’s Argument:
The petitioner’s counsel, Mr. G. R. Satish, contended that the cultural programs have been conducted peacefully for over 50 years without any complaints. He pointed out that in 2022, the petitioner had filed a previous writ petition (W.P.(MD) No.14614 of 2022), which was allowed, and the programs were conducted without any untoward incidents. The petitioner assured to comply with all police conditions and maintain law and order during the events. He sought the court’s direction to quash the impugned order and grant permission for the scheduled programs.
Respondent’s Submission:
The learned Government Advocate (Crl. side), Mr. S. S. Madhavan, representing the respondents, stated that the police had no objections to granting permission for the Mahamayi Drama scheduled on 17.07.2023 in the ground near the mentioned temples. However, for the Gramiya Themmangu Aadalum Paadalum Nigazhichi scheduled on 18.07.2023, the police were willing to permit it between 07:00 pm and 10:00 pm.
Court’s Decision:
Considering the submissions and the petitioner’s assurance of adhering to police guidelines, Justice D. Nagarjun disposed of the writ petition. The court directed the petitioner to file a fresh application before the respondent police immediately. On filing such an application, the police were instructed to grant permission for the Mahamayi Drama as requested earlier. Additionally, the police were directed to permit the Gramiya Themmangu Aadalum Paadalum Nigazhichi on 18.07.2023 from 07:00 pm to 10:00 pm, following the guidelines issued on 09.04.2019.
Conclusion:
The case of P. Muthukarupan vs. The Deputy Superintendent of Police highlights the delicate balance between the right to freedom of expression and maintaining public order. The court’s decision reflects the importance of upholding constitutional rights while ensuring public safety. By allowing the petitioner’s cultural events with reasonable restrictions, the court emphasized the significance of striking a balance between individual liberties and collective well-being. The case serves as a reminder that while the freedom of expression is a fundamental right, it must be exercised responsibly, considering the interests of society as a whole.
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JUDGEMENT REVIEWED BY SHREEYA S SHEKAR