Thread by @barandbench

[Saturday Hearing]

#MadrasHighCourt hears plea against TN Govt's rejection of permission sought by @BJP4TamilNadu to conduct Vel Yathra across districts in Tamil Nadu.

The matter is being heard by Justices M Sathyanarayanan and R Hemalatha.

On Thursday, the First Bench had disposed of two PILs challenging its conduct amid COVID-19 after the State informed that it had decided to reject the application made for permission to conduct the Vel Yatra.

The Court had given liberty to challenge the Govt's rejection.

Bench has assembled.

V Ragavachari for BJP: Matter relates to permission sought to visit various temples. Once the temple is open subject to certain conditions, not appropriate to prevent people from entering.

Ragavachari: .... Hardly a few were given permitted to worship when they visited the temple … Can they say, I will open (the temple) but I will not permit (entry)?

Ragavachari: .... once the temple is open for public view, State can only regulate.

Ragavachari: There won't be any political meeting anywhere...

Court, referring to an Oct 7 representation made re a proposal to hold a Vel Yatra between Nov 6-Dec 6 asks:

So you don't want to pursue the 7.10.2020 letter? You only want orders on Nov 4 letter?

Ragavachari: Yes

Ragavachari: It cannot be termed a religious congregation...

Court: You should say how many people are accompanying, how many vehicles are going...

If the purpose is to visit Murugan temples, there are no Murugan temples, the Court points out, referring to certain places mentioned in serial numbers in documents before the court.

Court adds: If your purpose is going to Murugan Temple, there are other routes available.

Court: This (representation) is bereft of particulars.

How many persons above 65 years, how many persons are going, how many vehicles? Come to the (COVID-19) guidelines ...

Court: How many persons are going, how many vehicles are going, how many people above 65 years... these are the particulars required.

Ragavachari submits that the point is that when the temples are open, they shouldn't restrict the people from entry.

Court: Think over and give a detailed representation, and maybe they (State) will take a call on it.

Court adds: There is no urgency. Being the State Level President of a national party, don't forget apart from COVID, there is the onset of monsoon where revenue and police are put to maximum difficulty and stress.

@Murugan_TNBJP

Ragavachari refers to another recent gathering, where he says no restrictions appeared to have been followed

Ragavachari: Were there any restrictions on all these things?

Court adds, in a lighter vein: Everytime some important leader comes to airport, what happens

Ragavachari assures: We will not exceed 100 when we go to the temple

Court: Ask them to put it on record. Then only we will take a call. Otherwise, there is nothing...

Ragavachari: In the representation, we have made it very clear.

Ragavachari also registers protest over persons being arrested for trying to enter the temple.

Ragavachari: Under what law where they prevented and detained?

There is a conflict between the Union and State guidelines, he adds.

AG Vijay Narayan apologises for appearing without a jacket before the virtual court: I am sorry... I don't have one in my house

Court assures there is no problem: In fact, I am sitting in the court without a gown

The Judge adds, in a lighter vein that it becomes difficult to sit in court after lunch without fans, which are switched off to ensure minimal audio disruption during virtual hearings.

AG: Initially, the State Secretary (of BJP) made a representation around Oct 15 to DGP giving the tour programme, intimating that President is going to hold Statewide Yatra.

DGP replied on Oct 17 that he is not the authority and representations have to be made to each local SP.

AG highlights that a challenge has not been made to October 31 COVID guidelines which restrict religious congregations.

Even the First Bench said that in the absence of a challenge to Oct 31 guidelines, you do not have any case, AG submits.

AG: They (BJP) have not been fair in their representation to the court. With utmost respect, they are also a ruling party, they should have been fair to the court

AG: In these times of COVID, whether such a course is a wise course of action especially with Deepavali coming up. There is a likelihood of a second wave...

Court, in a lighter veing: Second wave is coming only now?

AG: Whether it is second wave or third wave (laughs)...

Court observes: The virus is changing its mutation. it's become more virulent now.

AG, referring to the arrest of certain persons yesterday for entering a temple:

What happened yesterday, your Lordships will be surprised to find that many of them were not wearing masks.

Justice Sathyanarayanan referring to how he reads ICMR reports every day:

Very disturbing. They say almost the majority of the people don't wear masks. They say 20 people can infect 80 persons. That is an understatement.

AG submits that Adv Ragavachari is oversimplifying that he (BJP) only wants to visit the temple.

AG: The only thing is he wants to have a huge gathering with him

Ragavachari remarks in a lighter vein: Lord Murugan wants to bestow his blessings, why should AG say he should not?

Court orally observes amid arguments: You cannot choose their own route also, there are judgments. Public order is also involved

It adds: Don't forget the date Dec 6 also (when the yatra was proposed to end). You cannot selectively ignore 6/12 also

Ragavachari: Guidelines can be imposed! When have I said Guidelines cannot be imposed?

Court: When guidelines are imposed, you say Human Rights is affected

Ragavachari: If it is going to be a restriction for everyone, I don't mind.

Court again says it cannot intervene without any particulars being given.

Ragavachari: Kindly have it on Monday. I will place the particulars.

The authority did not give reasons (for rejection), it gave the reasons only in court, he adds.

Don't ask police alone to regulate, what about self-regulation? asks Court

Ragavachari: This is the only party (BJP) which is disciplined compared to other parties...

Court: Courts are being used to settle political scores. We will not entertain that...

Ragavachari: When TASMAC is open, temples are open, and when the congregation in the former is larger, one can't say that going with 30 odd people...

Court: For the force of argument only you said 30 people.. it is not in the representation, not in the affidavit!

Ragavachari again requests that the matter be posted again for Monday. Court says Monday may not be possible, but maybe it may be taken on Tuesday.

Justice Sathyanarayanan adds that there is no one except his PA at the High Court. On Saturday, he comes to dictate orders which is why only his PA is present.

Ragavachari undertakes to formally ensure that a representation with all necessary particulars, including the number of people, will reach the State by Tuesday.

Ragavachari: I am ready to file an affidavit. Let them impose the conditions and pass an order. We will not breach the conditions.

He adds, since AG Vijay Narayan is there, he will ensure proper conditions are imposed.

Court, referring to how it also performs administrative functions: We know the difficulties of the administration... As citizens, always insist only on our rights... we do not perform our duties and responsibilities.

Ragavachari: If it is going to be 30 persons and 15 cars, what objections could the state have?

Court: I do not know, let them take (State) a call.

Court again voices concern that the Vel Yatra is proposed to end on December 6, which marks the day of the #BabriMasjid demolition

Court: We are reminding you it was the Babri Masjid day. We are more concerned about some of the fringe elements. We are not worried about majority

Ragavachari: If Dec 6 is going to be objectionable, let the State take a call.

He adds, that the yatra can be ended on Dec 2, if it is going to be a problem.

Court: Put everythng put on record, let them (State) take a call.

Justice Hemalatha also voices concern over crowds she has observed recently amid the pandemic: Nobody is wearing masks.

Order: #Madras High Court posts on Tuesday the plea challenging rejection of permission to conduct Vetri Vel Yatra by @BJP4TamilNadu from Nov 6.

Court records that Adv Ragavachari (for BJP) will come out with a more detailed representation. Addl affidavit on the same to be filed

Court noted that it is unable to pass any orders since the representations made were bereft of particulars.

Revenue, law & order will be under maximum stress in view the COVID-19 situation, the onset of monsoon. Court also notes that Dec 6 falls on Babri Masjid demolition day

Matter to be taken up on Tuesday as part of motion list.

Hearing has ended.