The Madras High Court has stepped in to pause a controversial order allowing a Hindu festival to be held at a site in a predominantly Christian village in Tamil Nadu's Dindigul district. A division bench has put an interim stay on the earlier judicial permission for the Karthigai Deepam festival at Mandu Kovil.
Court's Interim Stay and Background of the Case
On Friday, a division bench comprising Justice G Jayachandran and Justice K K Ramakrishnan ordered an interim stay. This decision came while hearing an appeal filed by the Tamil Nadu state government and another individual. They were challenging an order passed by a single judge, Justice G R Swaminathan, on December 2.
The original petition was filed by V Sithan Balraj. He sought permission to conduct the Karthigai Deepam festival at Mandu Kovil, located in Perumal Kovilpatti village in Dindigul district. The site is noted to be in the immediate vicinity of the Kaliamman temple.
The Single Judge's Reasoning and Subsequent Contempt
In his December 2 order, Justice Swaminathan made several key observations. He noted that in Perumal Kovilpatti village, Christians are in the majority and Hindus are in the minority. The judge stated that the Hindu community merely wanted to celebrate their festival at a place recognized as Mandu Kovil in the revenue records, which also has a 'peedam' (platform/base).
Justice Swaminathan ruled that permitting the festival for a few hours on December 3 and 4 would not affect the rights of the Christian community, especially since they had no claim over the site. He emphasized that the right to worship and celebrate religious festivals is a fundamental right under Article 25 of the Constitution and allowed the petition.
However, this order was not implemented. Citing the need to maintain law and order and avoid disturbance to public tranquillity, Dindigul District Collector S Saravanan issued prohibitory orders under Section 163(1) of the Bharatiya Nyaya Sanhita (BNS). In response, petitioner Balraj filed a contempt petition. Taking a serious view of the non-compliance, Justice Swaminathan directed the Collector and Superintendent of Police A Pradeep to appear before the court. The state defended the Collector's action, arguing that a volatile situation prevailed on the ground.
Ongoing Legal Tussle and Implications
The division bench's interim stay now puts the festival on hold pending further legal proceedings. This case highlights the delicate balance courts must strike between protecting fundamental religious rights and ensuring communal harmony in sensitive demographic settings. The state's appeal underscores its assessment of potential law and order risks. The legal battle continues, with the higher court's stay order representing a significant development in this dispute over religious observance in Perumal Kovilpatti village.
