Supreme Court said state governments can't ban events on grounds that Hindus are "minority" in some areas
The Supreme Court today questioned the Tamil Nadu government on its alleged oral order to ban live telecasts of the 'Pran Prathishta' of Ram Lalla at Ayodhya in temples across Tamil Nadu.
The top court said that the state government can't ban such events on the grounds that Hindus are a "minority" in certain areas.
"This is a homogenous society... Do not prevent only on the ground that the A or B community is there," a bench of Justices Sanjiv Khanna and Dipankar Datta told counsel appearing for Tamil Nadu government.
The bench pulled up the Tamil Nadu government for allegedly ordering such a general order and said permission cannot be denied on the sole ground that other communities are living in the location.
The top court called these orders "atrocious" and directed the state not to summarily deny such permissions.
"We believe and trust that the authorities will act in accordance with law and not on the oral instructions... The authorities will examine the application seeking permission for such a live telecast and deal with it in accordance with the law. If rejected, then reasons shall be given for rejection of any such requests," the top court recorded in its order.
The top court also issued notice to the Tamil Nadu government and others on a plea filed by BJP's State Unit Secretary Vinoj P Selvam against its oral order by which it has banned the live telecast of the "Pran Prathishta" of Ram Lalla in temples across the state.
Tamil Nadu told the Supreme Court that there are no such restrictions and there is no ban on the live telecast, performance of poojas, archanas, annadhanasm, bhajans on the occasion of "Pran Prathishta" of Lord Ram at Ayodhya today and the plea is just politically motivated.
During the hearing, senior counsel Dama Seshadri Naidu, appearing for the petitioner, argued that some orders issued by police put a ban on the live-streaming and other religious functions of the ceremony in Ayodhya's Ram Janmabhoomi Temple.
"A political party hates religion. That party comes to power. It now wants the government to hate religion too," he said.
Solicitor General of India Tushar Mehta, appearing for the Central government, expressed shock at this state of affairs and requested the Supreme Court that a strong message must come from the highest judiciary of the country to the State Government that the Constitution of India still governs the nation and that it applies to the State of Tamil Nadu also.
"Nobody can be prevented from performing the religious rituals," Mr Mehta said, adding that LED screenings in temples are being stopped in the state.
The bench asked the Tamil Nadu government about the reason for the ban and expressed its displeasure upon perusal of the orders adduced by the petitioner's counsel, who pointed out that the only reason for the denial was that minority communities reside near the place for which permissions were being sought.
Justice Datta said, "What kind of reasons are given for rejection? Can this be a reason that a particular community is a minority, so you won't allow the procession? Can a reason be given that Hindus are a minority in some places so you will not allow it? These reasons are atrocious. If this reason has to follow, no procession or ritual can happen across the state."
The bench posted the matter for hearing on January 29.
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