‘Fundamental right’: Madras HC allows Muharram procession with music, drums
“Fundamental rights shall take precedence over fundamentalist forces,” Justice GR Swaminathan wrote in the judgment
The Madras High Court on Monday (July 15) allowed a local Muslim group in Tamil Nadu’s Tirunelveli district to take out the Muharram procession accompanied by music and drumbeats despite opposition by another Muslim group called the Thowheed Jamath.
The court held that Article 19(1)(b) and (d) of the Constitution protects citizens’ right to conduct a religious procession and no one can interfere with it.
“If one’s fundamental rights are under threat, the duty of the administration is to uphold the rights and put down those interfering with the exercise of the rights. Fundamental rights shall take precedence over fundamentalist forces,” Justice GR Swaminathan wrote in the judgment.
Rap for district authorities
A man named Thameem Sindha Madar had approached the court saying a section of Muslim devotees in Ervadi town had always taken out the Muharram procession accompanied by drumbeats and music. It is known as the Santhanakoodu procession and Kuthirai Pancha. However, this year, they were facing opposition from another section of Muslims.
The Thowheed Jamath opposed the practices saying those were un-Islamic and had a corrupting influence on devotees. And the district authorities asked the petitioners to abide by the Thowheed Jamath’s wishes, citing possible law and order disruptions. However, the high court held that the authorities had taken the easy way out by allowing one group to interfere with the other’s right to freely express their religious rights.
Police told to ensure security
“The petitioner and his associates have the fundamental right to conduct their religious procession. This right stands protected by Article 19(1)(b) and (d) of the Constitution of India. This right has been exercised by the petitioner’s forefathers over centuries. It is not open to Thowheed Jamath to dictate to the petitioner’s group as to how they should conduct the festival. Thowheed Jamath has no right to prevent the petitioner’s group from going on a religious procession,” Justice Swaminathan said.
The judge directed the local police to make adequate safety arrangements for the procession on Wednesday (July 17) and said those who did not like the Santhanakoodu procession and Kuthirai Pancha should “stay indoors.”
During Muharram on Wednesday, Santhanakoodu processions were held peacefully in three places in Tamil Nadu — Tirupathur, Pudukottai, and Chennai — without any hitch.
