New Delhi: The Supreme Court Monday directed the Tamil Nadu government to not summarily reject requests for live-streaming of the Lord Ram temple “pran prathistha”, as a petitioner contended before the apex court that the state has banned it.
The apex court was hearing a plea alleging that the Tamil Nadu government has issued oral orders/directions banning the live telecast of the Ayodhya temple ceremonies and the conduct of poojas, annadanams, and bhajans to mark the occasion of Lord Ram temple consecration.
A bench comprising justices Sanjiv Khanna and Dipankar Datta asked the authorities to pass speaking orders giving reasons (if permission is denied).
“We are living in a society, where there are homogenous communities. Do not prevent it on the ground that a community is living in a particular area and B community is living…”, said Justice Khanna.
Solicitor General Tushar submitted that some police stations have passed such an order and stressed that Christian or other communities living nearby can never be a problem.
Senior advocate Dama Seshadri Naidu for the petitioner Vinoj contended a political party which hates a particular religion came into power and it wanted the government also to hate the religion.
He claimed orders have been issued to ban live telecast and 'puja' and other celebrations.
The apex court said, "We believe and trust that the authorities will act as per law and not on any oral instructions."
It further added, “Authorities should proceed as per law and also maintain record of applications received. They should examine the prayers made and pass speaking orders."
Additional Advocate General of Tamil Nadu, Amit Anand Tiwari said that a decision will be taken looking at the sensitivity of the situation and the petition is politically motivated. He insisted that that there is no restriction of live telecast of the temple consecration.
Justice Khanna replied, “You have not seen the brief, but if the order on page 21 is to be made applicable across Tamil Nadu, wherever there are minorities they will never be able to hold a prayer meeting, see the reason…if Hindus are in minority….if they seek permission to hold this prayer meeting that will cause problems in the societ."
Justice Datta told the Tamil Nadu counsel, and asked whether it was the reason. And pat came the reply, "Suppose they want to carry out a procession in front of a mosque...". Justice Datta said, “You regulate it, you have the power to pass orders to regulate processions."
Solicitor General Mehta added that LED screenings in temples are being stopped at private temples and a message should go from the highest court of the land that it is not permitted.
The apex court has sought a response from the Tamil Nadu government on the plea claiming that the latter has imposed an unjustified ban on the live telecast.
The Supreme Court Monday pulled up the Tamil Nadu government on a plea claiming some general orders have been reportedly issued by police to restrict the live-streaming of the Ram Mandir pran prathistha (consecration) ceremony. Terming these orders “atrocious” and directing the state not to summarily deny such permissions, the apex court said “we are living in a homogenous society...do not reject on the ground that A community is living or B community is living”.
A bench comprising justices Sanjiv Khanna and Dipankar Datta said that all rejection orders must show reasons and the state should maintain data. The bench noted that the allegation made in the present petition is that oral orders have been issued to ban live telecast of pran prathistha, poojas, archanas, Annadhana (poor feeding), bhajans and processions on the occasion of pran prathistha at Ayodhya today. The petition was filed by BJP’s state unit secretary Vinoj P Selvam.
The bench, in its order, said: “We believe and trust that the authorities will act in accordance with law and not on the basis of any oral instructions…. The authorities, while examining any application for permission for procession etc., shall proceed in accordance with law and shall record reasons, if any, for rejecting the application”.
It further added, “The authorities will maintain data regarding the applications received and the reasons given for allowing or disallowing such applications. While examining such applications, the authorities will keep the relevant parameters, as laid down by law and judgments of the courts, in mind”.
During the hearing, the bench said “We are living in a society, where there are homogeneous communities. Do not prevent it on the grounds that A community is living in a particular area and B community is living…”.
Additional Advocate General Tamil Nadu Amit Anand Tiwari said a decision will be taken looking at the sensitivity of the situation and the petition is politically motivated. Tiwari insisted that there is no restriction on live telecast of Lord Ram temple consecration at Ayodhya.
Justice Khanna replied that we are not going into the question at all. “You have not seen the brief, but if the order at page 21 is to be made applicable across Tamil Nadu wherever there are minorities they will be never to hold a prayer meeting, see the reason…if Hindus are in minority….if seek permission to hold this prayer meeting that will cause problems in the society…”Justice Datta told Tamil Nadu counsel, and asked “is this a reason?” Tamil Nadu counsel said suppose they want to carry out a procession in front of a mosque. Justice Datta said, “you regulate it, you have the power to pass orders to regulate processions…”.
Tiwari stressed that no oral directions have been issued and there is no ban on live telecast of pran prathistha, poojas, archanas, annadhana (poor feeding), bhajans and processions on the occasion of pran prathistha at Ayodhya today. The statement was taken on record by the apex court.
Solicitor General Tushar Mehta says LED screenings are being stopped at private temples and a message should go from the highest court of the land that it is not permitted. Mehta submitted that some police stations have passed such an order and stressed that Christian or other communities living nearby can never be a problem. Mehta stressed that nobody can be prevented from performing religious rituals.
Senior advocate Dama Seshadri Naidu for the petitioner Vinoj contended a political party which hates a particular religion came into power and it wanted the government also to hate the religion. He claimed oral orders have been issued to ban live telecast and 'puja' and other celebrations on the occasion of consecration ceremony in Ayodhya.
Mehta said a strong message must go from the highest court 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.
The apex court said, "We believe and trust the authorities will act as per law and not on the basis of any oral instructions”.
It further added, “authorities should proceed as per law and also maintain record of applications received. They should examine the prayers made and pass speaking orders”.
“Respondent nos. 2 to 4 will also examine the reasons given for rejection of the prayers made vide document enclosed at pages 20- 22. The reasons recorded therein are prima facie not justified and acceptable”, said the bench, in its order.
The apex court has sought response from the Tamil Nadu government on the plea and scheduled the matter for further hearing on January 29.
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