No permission required to conduct prayers at one’s own residence: HC
TIMES NEWS NETWORK
Chennai:23.06.2019
The Madras high court has set aside an order issued by the Coimbatore police and revenue officials to a Christian pastor, restraining him from conducting prayers at his residence in Chinnavedampatti here. The officials had reasoned that the pastor had not obtained permission from the local body. The Hindu Munnani group had raised objections to him organising prayers at his home.
On the instructions of police, the Coimbatore north tahsildar had asked the pastor, C Joseph, to conduct peace talks with the Hindu group. Joseph moved the high court against the notice, stating that he was asked to appear before the district collector last year for peace talks and he was later informed that he should not conduct any prayer meetings at his residence until the talks are concluded. In response, Saravanampatti police inspector stated that the pastor had not obtained necessary permissions for construction of a prayer hall as required under the provisions of TN District Municipalities Building Rules, 1972, and that he was conducting prayers without permission from local authorities. A peace committee meeting was convened to maintain law and order, the inspector said.
Justice P D Audikesavalu said right to freedom of religion and practice of religious affairs were undoubtedly fundamental rights, but the same were subject to public order, morality and health, which would not prevent state from acting in appropriate manner in the larger public interest. “In this case, the question of requiring the pastor to get prior permission from the authorities for assembling and conducting prayers in his dwelling place, without causing nuisance or disturbance to others and without causing hindrance to the public, does not arise,” Justice Audikesavalu said.
TIMES NEWS NETWORK
Chennai:23.06.2019
The Madras high court has set aside an order issued by the Coimbatore police and revenue officials to a Christian pastor, restraining him from conducting prayers at his residence in Chinnavedampatti here. The officials had reasoned that the pastor had not obtained permission from the local body. The Hindu Munnani group had raised objections to him organising prayers at his home.
On the instructions of police, the Coimbatore north tahsildar had asked the pastor, C Joseph, to conduct peace talks with the Hindu group. Joseph moved the high court against the notice, stating that he was asked to appear before the district collector last year for peace talks and he was later informed that he should not conduct any prayer meetings at his residence until the talks are concluded. In response, Saravanampatti police inspector stated that the pastor had not obtained necessary permissions for construction of a prayer hall as required under the provisions of TN District Municipalities Building Rules, 1972, and that he was conducting prayers without permission from local authorities. A peace committee meeting was convened to maintain law and order, the inspector said.
Justice P D Audikesavalu said right to freedom of religion and practice of religious affairs were undoubtedly fundamental rights, but the same were subject to public order, morality and health, which would not prevent state from acting in appropriate manner in the larger public interest. “In this case, the question of requiring the pastor to get prior permission from the authorities for assembling and conducting prayers in his dwelling place, without causing nuisance or disturbance to others and without causing hindrance to the public, does not arise,” Justice Audikesavalu said.
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