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MADURAI:
Neither revenue officials in their capacity as Executive
Magistrates nor police could insist on that people
obtain their permission for conducting prayers in a
peaceful manner inside religious institutions, the
Madras High Court has said.
Disposing of a writ petition filed in the Madur ai Bench,
Justice R.S. Ramanathan stated that religious worship
without affecting public order, morality and health was
a fundamental right guaranteed under Article 25(1) of
the Constitution.
In the instant case, the Kanyakumari Revenue Divisional
Officer (RDO) had instructed the pastor of a church to
obtain his permission, before conducting prayers, in
order to avoid law and order problem between two
religious groups.
Disagreeing with the RDO, the Judge directed the
Kanyakumari Collector as well as the Superintendent of
Police not to interfere with the prayers conducted on
the church premises of South India Assemblies of God in
Kumarapuram Thoppur. In turn, the pastor of the church
was also directed to confine the worship within the
premises without causing any harm or nuisance to
outsiders. He was asked to seek permission in case of
taking out a procession outside the premises.
It would be open to the authorities concerned to grant
permission for taking out the procession outside the
church premises by imposing certain reasonable
restrictions as per the guidelines issued by the High
Court in similar cases.
The pastor, Sangai N. Gopan, had filed the writ petition
stating that a religious congregation was conducted in
his church on every Sunday besides an "Aradhana"
attended by nearly 500 devotees at a separate plot
purchased for the purpose.
He also alleged that an Inspector attached to the
Anjugramam police station trespassed into the assembly
house on November 16 and damaged the church properties.
But the Inspector denied the charges in his counter
affidavit filed in reply to the petition.
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