Madurai
Quoting French-Algerian philosopher and writer Albert Camus, “Democracy is not the law of the majority, but the protection of the minority”, the Madurai Bench of the Madras High Court directed the Kanniyakumari Collector to hold an inquiry and process an application that was submitted by a priest who sought permission to conduct prayer meetings.
Justice V. Parthiban took note of the State’s submission that the area was a sensitive place and directed the Collector to call for reports from the official concerned with the maintenance of law and order and pass appropriate orders.
Conditions can be imposed in order to ensure that public peace and order was not disturbed, if permission was granted, the court said.
The court was hearing the petition filed by Rev. J. Devadhason, designated priest of ‘South India Assemblies of God’. He had proposed to construct a building in Agastheeswaram taluk in Kanniyakumari district for conducting prayer meetings. However, permission was denied to conduct the prayers, citing law and order problems. The petitioner challenged the rejection.
The right to propagate, profess and follow different faiths was a fundamental right guaranteed under the Constitution. However, indisputably, such a right was also circumscribed by certain limitations. The fundamental rights guaranteed, as every one is aware of, are not absolute and are always subordinated to maintenance of public peace and social order, the court said.
The court observed that it was for the administrators to take a comprehensive decision in such sensitive matters as they alone were competent to decide and at the same time, the petitioner cannot be denied his right to carry on his legitimate religious functions.
Under such circumstances, a delicate balance may have to be maintained as between the public order and peace on one hand and citizens' fundamental right to worship and propagate their faith in tune with the constitutional scheme, the court said.
