Madras HC dismisses case to prevent TN CM from chairing HR&CE Advisory Committee

Says case is in bad taste, restrains litigant from filing PILs for next five years

August 09, 2021 11:20 am | Updated 11:23 am IST - CHENNAI

CHENNAI, 11/04/2008: Madras High Court buildings in Chennai on April 11, 2008. Photo: V. Ganesan

CHENNAI, 11/04/2008: Madras High Court buildings in Chennai on April 11, 2008. Photo: V. Ganesan

The Madras High Court, on Monday, dismissed a public interest litigation petition filed by an advocate to restrain Tamil Nadu Chief Minister M.K. Stalin from chairing an Advisory Committee of Hindu Religious and Charitable Endowments (HR&CE) Department without taking a pledge that he professes Hindu faith as it is required to be undertaken by HR&CE employees.

First Division Bench of Chief Justice Sanjib Banerjee and Justice PD Audikesavalu refused to entertain the PIL petition right at the admission stage after terming it to be “utterly mischievous.” They also said that the case was in “extremely bad taste” and that a prejudice is involved in the prayer sought by the litigant.

Though the judges refrained from imposing costs on the litigant S. Sridharan of Chennai, they ordered that he would not be entitled to file any PIL petition in the High Court for the next five years without obtaining the express permission of the Bench concerned.

The judges observed that there must be a time when prejudice and vendetta had to be shed when it comes to practising a religion. “This is a secular country. Even the Constitution permits oath of office to be taken either in the name of God or Constitution,” the judges said.

The court also stated that no religion preaches narrow mindedness or to hurt others. The sentiments expressed by litigant could not be appreciated, it added.

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