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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
(Under Art.226 of the Constitution of India)
W.P. No. 2668 of 2015
S. Balamurugan!eneral Secretar"#eople$s Union for Ci%il &i'erties (#UC&)
amil adu * #uducherr"2++,-2 rd/loor 0ussaina 1anilAngappa aic3en Street Chennai465555-. ...#etitioner
Vs.
-. he State of amil aduep. '" Chief Secretar"/ort St. !eorgeChennai4655557.
2. he 8irector 8irectorate of Collegiate 9ducation 8#I Comple: Chennai ; 655 556.
. 8istrict Collectorama33al 8istrict
ama33al.
. 8eput" Superintendent of #olice
iruchengode Su'48i%ision
ama33al 8istrict.
?. Inspector of #oliceiruchengode o@n #olice Station
iruchengode.
7. Dr. Perumal Murugan,S/o R. Perumal,
No. 3/58, Kongu Nagar,
Mohanur Road, Namakkal- 637 002....espondents
#age o. -o. of Corrns
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A!"#$ of S.%!&!'()(*!+
I S. Balamurugan s,o . Shanmugam aged a'out "ears
Ad%ocate residing at +
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agreement dated -2.-.25-+ accepting to @ithdra@ all copies of his
'oo3 and to announce unconditional apolog"F @hich in turn led to his
announcing in the prime of his career his decision to henceforth stop
@riting and @ithdra@ all his 'oo3s. 0e continues to 'e under threat.his incident has sent shoc3 @a%es amongst @riters authors and Dlm
ma3ers for e:tra4Hudicial casteist and religious forces seem to 'e
dictating @hat creati%e persons can sa" do @rite or e:press and there
is no protection gi%en '" state authorities to such creati%e persons
from such attac3s. he climate of intolerance 'igotr" and preHudice
unless chec3ed in a strong and forthright manner @ill lead to stiing of
creati%e e:pressions @hich see3s to uestion and criticall" e:amine
cultural social and religious practices and also lead to silencing
dissenting and contrarian opinions under threat of %iolence and
%ictimisation.
+.he second and more important reason for this #I& is the
pro'lematic role of the state authorities in the entire episode in
%irtuall" doing nothing to enforce the rule of la@ and safeguard
fundamental rights of speech and e:pression. o the contrar" the
o=cials through their action ha%e indicated their tacit support to the
agitators. his raises 3e" issues of the role o'ligations and
responsi'ilities of state authorities in enforcing fundamental rights
especiall" rights under Art. -7(-)(a) and 2- and the conseuences of
the state authorities not fulDlling or performing their constitutional
o'ligations. he importance of e%ol%ing a set of guidelines 'ased on
constitutional principles to guide o=cials and go%ernment functionaries
'ecomes all the more important in the present conte:t of increased
hate speech and e:traHudicial groups threatening authors and @riters
artists and Dlm ma3ers and other creati%e artistes as to @hat is
deemed right appropriate and accepta'le and coercing them @ith the
threat of ph"sical danger to @rite or e:press in @a"s the" deem
accepta'le.6.A num'er of such instances of attac3 on creati%e artistes ha%e
occurred in amil adu @ith the state authorities pla"ing a silent or
indiGerent role in protecting the @riter$s fundamental right to free
speech and e:pression. e list a fe@ such maHor incidents
(i) In Januar" 25-+ during the #ongal festi%al hu
!unase3aran (hurai !una) a 8alit @riter @as attac3ed for
his 'oo3 EOorar Varaintha Oviyam$ '" non48alit caste
#age o. 2o. of Corrns.
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"ears he is @or3ing as a facult"
mem'er in amil department and is currentl" @or3ing as Associate
#rofessor of the Arignar Anna !o%ernment Arts College ama33al. 0is
@ife is also a #h.8. in amil and also @or3s in the amil department of
the same college as Assistant #rofessor. heirs is an inter4caste
marriage and had seen hostilit" from 'oth communities in an area
suGused @ith strong caste a=liations diGerences and conicts. 0e
li%es in ama33al @ith his @ife. he" ha%e 2 children a daughter and
son @ho are 'oth in college.
-.#rof. #erumal 1urugan is a proliDc @riter in amil and has
pu'lished in all genres ranging from poetr" short stor" essa"scollection of historical @or3s no%els and other forms of @riting as the
follo@ing list @ill sho@
(i) 7 no%els @ith his Drst no%el E5ru veyil$ pu'lished in -77-.
(ii) < short stor" collections.
(iii) < poetr" collections.
(i%) ? essa" collections.
#age o. 2o. of Corrns.
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(%) - dictionar" 4 EKongu Vattara 0holagarathi$ ; &e:icon of terms
in Kongu egion.
(%i) < edited %olumes of articles '" historical personalities of
Kongu region.(%ii) > edited %olumes of collected @ritings.
#rof. #erumal 1urugan is the recipient of numerous a@ards.
ota'le amongst @hich are the !o%ernment of amil adu$s State
A@ard for Best 'oo3 (the dictionar") in 2552. 0e also @on the Katha
prie in 2555. 0is no%el EKoolamadari$ @as translated into 9nglish as
LSeasons of the #alm$ @as shortlisted for the prestigious Japanese
EKiri"ama$ A@ard an international literar" a@ard. 0e has also @on the
Eila33u$ ; #udumaipithan A@ard (USA) in 25-2. 0e also recei%ed the
Kasturi Srini%asan rust a@ard. umerous a@ards @ere also gi%en '"
organisations in his nati%e Kongu region in recognition for his
contri'ution to documenting life culture histor" and literature ('oth
oral and @ritten) of the area. Anirudhan asude%an translator of
EMadhorubagan$ in 9nglish titled EOne #art oman$ has recentl"
recei%ed a Canadian a@ard.
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pro%iding the couple @ith communit" legitimated solution for the
pro'lems of childlessness. It contains %er" po@erful and earth"
dialogues carr"ing fascinating idiomatic local e:pressions. he stor" is
%er" gripping and reects the deep understanding of social histor"practices and also the ps"che of people on the part of the author. he
no%el is representati%e of one of the Dnest e:pressions of artistic
creati%it" @hich @ea%es intense human stories around social histor"
allo@ing the reader a glimpse into the li%es of ordinar" rustic %illagers
li%ing in iruchengode area. As the author himself points out in his
statement dated >.-.25-+ Mhrough the ages the desire to produce
children to perpetuate one$s lineage has 'een an intense one for man"
people. oda" assisted modes of conception ha%e a licensed presence
in our @orld. In olden da"s such facilities did not e:ist. #eople ha%e
follo@ed in %arious @a"s the practice of 'egetting a child '" engaging
in se:ual union @ith a man other than one$s hus'and. here is
e%idence for such practices in the 1aha'harathaN.
-6. he no%el @as an instant 'est seller selling more than +55
copies in the 25-- Boo3 /air. In all Kala%huvadu has 'rought out . he success of EMadhorubagan$ in amil as also the
gro@ing popularit" of his other 'oo3s translated into 9nglish (LKoola
Madari$ translated as ESeasons of the #alm$ and E*izhal Mutram$
translated as ECurrent Sho@$) led to reuests for translation into
9nglish. 9%entuall" the amil 'oo3 @as translated into 9nglish '"
Anirudhan asude%an (doctoral candidate at the Uni%ersit" of e:as
Austin) and pu'lished '" #enguin India in 25- @ith the title EOne
Part Woman$. he 9nglish %ersion also @as @ell recei%ed @ith good
re%ie@s in respected Hournals , magaines li3e Ehe Open 1againe$ECara%an$ and other pu'lications. In the < "ears after the amil edition
and for a full "ear after the 9nglish %ersion there @as not e%en a hint
of contro%ers". So much so in o%em'er 25-< #rof. #erumal 1urugan
too3 a 'rea3 to attend a @riter$s @or3shop in Bangalore to complete
the Dnal draft of 2 seuel no%els to Madhorubagan4 $rdhanari and
$alavayan.
#age o. 2o. of Corrns.
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--
-?. #rof. #erumal 1urugan returned to his house in ama33al on
-st 8ecem'er 25-
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2-. hings turned @orse @hen around mid48ecem'er 25- --? and ->2 in @hichselect paragraphs , lines @ere underlined suddenl" surfaced. hese
'oo3lets @ere circulated throughout iruchengode especiall" amongst
@omen. he 'oo3let did not contain the name of the organisation
@hich had printed it or @ho @as circulating it. he intention seemed to
ensure that @hoe%er read the 'oo3let containing isolated pages torn
out of their conte:t in the 'oo3 @ould not onl" get a @rong and
distorted understanding of the @or3 'ut also 'ecome preHudiced
against the author.
22. Shortl" after the a'o%e 'oo3let another pamphlet @as
circulated. his time too @ithout an" name 'ut pro%iding contact
num'ers for readers to contact. hese @ere 7F 7?4+F 7
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2+. B" around the 2
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-. hereafter on --.-.25-+ the +th espondent 8O 1s.
Su''ula3shmi and the >thespondent Inspector of iruchengode o@n
#olice Station called #rof. #erumal 1urugan o%er phone as3ing him and
the pu'lisher of Kalachu%adu to come to ama33al Collectorate on -2th
Januar" 25-+ for E#eace Committee$ tal3s.
?. I learnt that 1r. S.. Sundaram Kannan (henceforth referred
to as Kannan) pu'lisher of Kala%huvadu #u'lications had all along
and especiall" after 26th8ecem'er 25-< incident 'een telling #rof.
#erumal 1urugan to lea%e ama33al district and go else@here for hisand his famil"$s personal safet". It seems Kannan had also @arned him
that it loo3ed li3e the strident and %iolent campaign @as 'eing
engineered '" %ested interests @ho @ould not stop @ith @ithdra@al of
EMadhorubagan 'oo3 alone 'ut @ould demand to proscri'e all his
creati%e @or3s. As e%idence for the fact that political interests @ere
'ehind the stir Kannan had pointed out that the 26th 8ec 25-
Kala%huvaduin their complaint. his sho@s that the agitators did not
ha%e 3no@ledge a'out the amil literar" Deld as an"one @ith e%en
remote acuaintance @ith amil literar" Deld @ill 3no@ that 1r. Kannan
has 'een the editor and pu'lisher of Kala%huvadu #u'lications for o%er25 "ears. It ma" 'e noted that 1s. Shalini appears to ha%e 'een
named 'ecause her name Dnds mention in the preface to
Madhorubagan '" #rof. #erumal 1urugan as ha%ing helped him. Such
ignorance on the part of the agitators 1r. Kannan argued lent
su'stance to the fact that the local people @ho are agitating @ere
mere pa@ns in a 'igger game 'eing instigated '" outside forces @ho
e:ploited caste and social sentiment to @hip up caste hostilit" and
%iolence. his @as also made clear '" the fact that most of the
agitators had not read LMadhorubagan in full and onl" select pages
@ere circulated to @hip up mo'4fren". 0o@e%er it seems #rof.
1urugan @anted to settle the matter and get on @ith his life '"
attending the peace tal3s in ama33al. 1r. Kannan reportedl" declined
to go to ama33al @ithout proper and formal intimation. 0e informed
that he recei%ed notice of the meeting to 'e held on -2.-.25-+ onl" on
-.-.25-+ and e%en this @as @rongl" addressed to 1s. Shalini. his
sho@s that e%en the o=cials did not 'other to %erif" an" fact and
'lindl" follo@ed the dictates of the agitators.
7. #rof. #erumal 1urugan said he contacted 1r. !..
S@aminathan Ad%ocate from 1adurai and presentl" the Additional
Solicitor !eneral in the 1adurai Bench of the 1adras 0igh court @hom
he had consulted 'efore reuesting him to accompan" him to the
8istrict Collector$s O=ce ama33al for the E#eace Committee$
meeting on -2.-.25-+. he" tra%elled together in a car and at the toll
gate @ere met '" a police o=cer. he" @ere ta3en into the ama33al
8istrict Collectorate through a 'ac3 door and made to @ait in the room
of the Assistant to the 8O +thespondent herein.
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terms 'e changed to Munconditional apolog"NF left @ith no option #rof.
1urugan changed so in his letter. /urther the + th espondent 8O
pointedl" told #rof. 1urugan countering his la@"er 1r. S@aminathan
that he should thin3 o%er the fact that @hile the la@"er @as fromoutside ama33al district he himself @as from ama33al. So he should
3eep this in mind and it @ould 'e in his (i.e. #rof. 1urugan) 'est
interest to sign the agreement drafted '" her. B" that time #rof.
#erumal 1urugan told me he @as %er" upset @ith the turn of e%ents
and @anted to 'ring the entire contro%ers" to a uietus. 0e also did
not see an" other @a" out. A further issue @as the personal safet" his
famil" and himself as his house @as in ama33al itself. So e%entuall"
he relented and signed the agreement.
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hate campaign against him and his no%elF the" had also done %er"
little to ma3e #erumal 1urugan feel secure or to ma3e the e:ercise a
fair one @hich protected his freedom as a @riter. It @as under such
circumstances he said seeing no other option he capitulated andsigned the impugned agreement dated -2.-.25-+ e%en though he
personall" felt it @as unfair discriminator" and o'tained under duress.
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2-
amil 8epartments. Ultimatel" 'eing in a 1etropolitan cit" li3e Chennai
is the onl" protection he and his famil" could ha%e.
. hen speciDcall" as3ed as to @h" he did not approach the
court on his o@n he e:pressed fear stating that as long as he is in thatarea there is no safet" for him and his famil". 0e did not @ish to
su'Hect his famil" to an" more hardships. It is in this conte:t that I
informed him that #UC& @ill e:tend all support and also Dle a @rit
petition in respect of the impugned order as @ell as the larger issue of
protecting free speech and it @ould 'e useful for him to at least gi%e a
supporting a=da%it to 'e Dled along @ith the present @rit petition e%en
if he does not directl" approach the court. Initiall" he consented to do
so. 0o@e%er Hust as the # @as a'out to 'e Dled he once again got
terriDed and @anted to opt out. It appears that a caste organisation
leader in an inuential amil magaine had threatened to launch state
@ide protests if the -2th Jan 25-+ Agreement @as rescinded. /urther
an appeal @as made to all other intermediate caste organisations to
oppose 1adhoru'agan and its author. 0e feared a much @ider hate
campaign against him and he did not @ant to precipitate matters. 0e
felt that under the circumstances remaining silent @as the onl" option
on account of the hostile atmosphere and ph"sicall threats that he and
his famil" @ere under. Considering the %ulnera'le situation he and his
famil" @as li%ing in his apprehension @as understanda'le.
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usefull" highlight the 3e" Hurisprudential principles underl"ing the
fundamental freedom of right to free speech and e:pression as
elucidated '" the ape: court and other courts in India and outside.
O+ $,- So/- of A)$. 11!
(-) MOur standards must 'e so framed that @e are not
reduced to a le%el @here the protection of the least
capa'le and the most depra%ed amongst us determines
@hat the morall" health" cannot %ie@ or readN. (K$ $bbas
vs 3nion o( 4ndia AI -7>- SC
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2+
MA culture of responsi'le reading is to 'e inculcated
amongst the prudent readers. 1oralit" and criminalit"
are far from 'eing co4e:tensi%e. An e:pression of
opinion in fa%our of non4dogmatic and non4con%entionalmoralit" has to 'e tolerated as the same cannot 'e
a ground to penalise the authorN. ('& Khushboo vs
Kanniammal
25-5 (+) SCC 655)
O+ $,- o3*!$#o+ of o#!&s !+ )-s/o+s#3#$4 $o -+fo)-
f(+!'-+$!& )#*,$s
(7) Phe State is 'ound to protect the life and li'ert" of e%er"
human4'eing 'e he a citien or other@ise and it cannot
permit an" 'od" or group of persons e.g. the AA#SU to
threaten the Cha3mas to lea%e the State failing @hich the"
@ould 'e forced to do so. o State !o%ernment @orth the
name can tolerate such threats '" one group of persons to
another group of personsF it is dut" 'ound to protect the
threatened group from such assaults and if it fails to do so it
@ill fail to perform its Constitutional as @ell as statutor"
o'ligations. hose gi%ing such threats @ould 'e lia'le to 'e
dealt @ith in accordance @ith la@. he State !o%ernment must
act impartiall" and carr" out its legal o'ligations to safeguard
the life health and @ell4'eing of Cha3mas residing in the
State @ithout 'eing inhi'ited '" local politics.P (*
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from 'eing %iolated or interfered @ith '" pri%ate indi%iduals.P
!>hajan Kaur vs Delhi !.@ '00 Online Del /1/2&
(--) It is the dut" of the state to maintain la@ and ordersituation in the state and therefore the state shall maintain it
eGecti%el" and potentiall"N. !Prakash :ha vs 3nion o( 4ndia+
,.. !12 '00 AB,2&
+2. I su'mit that if @e @ere to consider the a'o%e principles
concerning the operation of Art. -7(-) (a) r,@ Art. 2- of the
Constitution it @ill 'e clear that there has 'een a gross miscarriage of
Hustice resulting in the %iolation of the fundamental rights of #rof.
#erumal 1urugan. But it must 'e stated that the matter in%ol%es not
Hust the rights of author #erumal 1urugan 'ut is an issue pertaining to
the democratic fa'ric of our nation. 1ore o%er onl" the reasona'le
restrictions enumerated in Art. -7(2) alone can 'e the 'asis to limit the
e:ercise of rights under Art. -7(-)(a). An"thing outside the strictl"
limited scope of Art. -7(2) cannot 'e permitted to restrain or limit the
functioning of the fundamental right to free speech and e:pression.
+. hen again it must 'e noticed that the right of free speech
and e:pression has t@o dimensions it co%ers the rights of the author
or creator of speech and e:pression as much as the fundamental right
of the listener or recei%er of information. In eGect the action of the
respondent o=cials in not protecting #rof. #erumal 1urugan has
resulted in not onl" silencing him from presenting his intellectual @or3
of criticall" e:amining contemporar" as also historical social trends
practices and relationships 'ut has also eGecti%el" depri%ed readers
from access to his criticall" acclaimed literature.
+
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2>
++. It must 'e reiterated that the incidents surrounding #rof.
#erumal 1urugan is not an isolated occurrence. here is a gro@ing
trend of intolerance e:hi'ited '" e:tra ; Hudicial non state pla"ers
@ith the State a'dicating its responsi'ilities to@ards protecting therights of citiens. In fact there is an increasing trend of the State in
the name of peace tal3s co%ertl" and o%ertl" e:tending supporters to
the la@ 'rea3ers and e:erting undue pressure on the %ictims to
surrender their rights. hese peace tal3s are in realit" li3e 3angaroo
courts @ith indi%idual @riters or Dlm ma3ers often cornered alone
during the tal3s @hereas the protestors are in large num'ers. he
tal3s are generall" held in a climate surcharged @ith tension and
hostilit". It results in an a'surd situation @hen indi%iduals are 'ro@
'eaten and forced to gi%e up their fundamental rights for the sa3e of a
compromise. I state that the so4called peace committees conducted '"
o=cials are a3in to Ekatta pan%hayats$ conducted '" local musclemen
or politicians. Such practices are a %er" serious threat to democrac"
itself. Under the circumstances it is important for this 0on$'le Court to
formulate guidelines to 'e follo@ed '" the state authorities @hene%er a
situation of threat to free speech and e:pression occurs.
+6. I state that I am Dling this #I& out of m" o@n funds. I
underta3e to pa" the costs if an" if it is found to 'e intended for
personal gain or ulterior moti%e. As stated earlier I am Dling this @rit
petition 'ased on information and personal 3no@ledge as also on 'asis
of information gathered '" me.
+>. I state that I ha%e not Dled an" other @rit petition or #I& on
the same matter 'efore this or an" other court.
GROUNDS
i. he actions of the espondent o=cials is unconstitutional illegaland has resulted in %iolation of fundamental right to free speech
and e:pression guaranteed under Art. -7(-)(a) of the Indian
Constitution.
ii. he actions of the o=cials ha%e resulted in %iolation of the
fundamental rights of #rof. #erumal 1urugan under Article -7(-)(a)
read @ith Art. 2- of the Indian Constitution.
#age o. 2o. of Corrns.
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2?
iii. It is the dut" of the state go%ernment and its o=cials to
maintain la@ and order in the state and failure to maintain the la@
and order situation cannot result in suppressing free speech ande:pression.
i%. here has 'een gross a'dication of constitutional o'ligation to
protect the rights of citiens and enforce rule of la@ '" the district
administration of ama33al district and the police resulting in
serious harm to a @riter li3e #rof. #erumal 1urugan and %iolation of
his fundamental rights under Art. -7(-)(a) and Art. 2- of the
Constitution.
%. he o=cials ha%e permitted the protestors in iruchengode to
ta3e la@ into their o@n hands and to dictate @hat is to 'e printed
or pu'lished. his is against guaranteed fundamental rights of
@riters and authors to @rite at @ill a'out an" su'Hect pro%ided the"
do not fall foul of the restrictions permissi'le under Art. -7(2).
%i. he impugned agreement dated -2.5-.25-+ has to 'e struc3
do@n as illegal and unconstitutional as it has 'een o'tained under
duress and threat of force '" 8O ama33al and other
o=cials named in this @rit petition.
%ii. It is legall" impermissi'le for the district administration and the
go%ernment authorities to con%ene E#eace Committee$ meeting
calling the @riter #rof. #erumal 1urugan on the one side and
hostile and unrepentant protestors on the other to come to an
agreement on curtailing the fundamental rights guaranteed under
Art. -7(-)(a) to the @riter. 0ence the con%ening of the Epeace
committee$ on -2.-.25-+ itself should 'e held to 'e illegal grossa'use of po@er '" the 8O and other o=cials including the
8istrict Collector and S#.
%iii. ill date the police o=cials of ama33al 8istrict as also local
o=cials in iruchengode to@n ha%e not ta3en action to prosecute
those @ho 'urnt the 'oo3s of #rof. #erumal 1urugan and indulged
in other unla@ful acti%ities on 26.-2.25-
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commission of criminal acti%ities ma3es the o=cials lia'le for
appropriate legal action including disciplinar" action.
i:. he district o=cials concerned ha%e 'een selecti%e in theenforcement of la@ as 'et@een #rof. #erumal 1urugan and the
protestors resulting in gross miscarriage of Hustice and inHur" to
him '" @a" of %iolation of fundamental rights as also threat to his
life and of his close famil" mem'ers.
:. he capitulation of #rof. #erumal 1urugan to accept the
conditions of the impugned agreement dated -2.-.25-+ is clearl"
re%ealed to 'e the result of unconsciona'le pressure and tension
'rought to 'ear on him due to the unla@ful and illegal acti%ities of
the protestors and inaction of the police and administration. hat
this @as artiDciall" induced can 'e Hudged '" the fact that in his
statement dated 5>.5-.25-+ there is no indication of him @anting
to pull 'ac3 all his 'oo3s and to announce total @ithdra@al from
@riting as announced '" him in the /B post on -2.-.25-+. his is a
result of the total failure in functioning of concerned police
o=cials.
+?. I state that #rof #erumal 1urugan and his @ife 8r. 9hilarasi
are 'oth emplo"ed at the Arignar Anna !o%ernment Arts College
ama33al. hough the !o%ernment has no@ posted policemen outside
their house the" continue to recei%e threats o%er phone and the local
organisations are still tr"ing to foment trou'le and %iolence against him
and his famil". 1oreo%er he and his famil" ha%e no protection @hen
the" mo%e a'out. his %ulnera'ilit" has forced them to sta" indoors all
the time. Onl" a mind @ithout fear can 'e creati%e. Both of them ha%e
gi%en representations see3ing transfer to an" of the cit" colleges in
Chennai as a measure of protection. It is onl" proper that the I and IIespondent do the needful. I am uite conscious of the fact that issues
of transfer are ser%ice matters @here the aggrie%ed persons alone can
agitate. But ho@e%er in the light of the e:traordinar" circumstances
and in the present conte:t @here the persons concerned are li%ing
under a cloud of fear and are hesitant to directl" approach this court
for fear of reprisal it is m" dut" to 'ring these facts to the notice of
this 0on$'le Court and see3 appropriate reliefs on their 'ehalf.
#age o. 2o. of Corrns.
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5
Under the circumstances it is therefore pra"ed that this 0on$'le
Court ma" 'e pleased to direct the I and II espondents to consider
fa%oura'l" the representations dated 2.5-.25-+ gi%en '" Associate
#rofessor 8r. #erumal 1urugan see3ing a transfer from Arignar Anna!o%ernment Arts College ama33al to an" of the cit" colleges in
Chennai pending Dnal disposal of the @rit petition.
/or the reasons stated a'o%e it is therefore pra"ed that this
0on$'le Court ma" 'e pleased to issue @rits orders or other directions
and more particularl" a rit of 8eclaration declaring the Agreement
dated -2.5-.25-+ arri%ed at 'et@een #rof. #erumal 1urugan and third
parties in the presence of the espondents as unconstitutional illegal
and %oid and conseuentl" issue appropriate directions to the I
espondent that in situations of threat to fundamental rights of citiens
on account of protests intimidation or an" such e:tra legal measures
'" non4state or e:tra4constitutional indi%iduals groups and
organisations (a) to immediatel" pro%ide discreet police protection to
the %ictims 'e it authors pu'lishers distri'utors Dlm directors
producers theatres etc (') to pro%ide the option of transfer to another
place of choice and safet" if the %ictim is go%ernment emplo"ee (c) to
refrain from e:erting pressure on %ictims to agree either orall" or in
@riting to surrender or gi%e up their rights in the name of enforcement
la@ and order (d) to ta3e immediate action against the la@ 'rea3ers
'" registration of /Is and other appropriate action (e) to educate the
o=cials 4 'oth re%enue and police on the importance of protecting
fundamental right of citiens under all circumstances and their duties
thereof and (f) direct the state of amil adu to ha%e regular
programs on literar" Dlm and art appreciation and criticism in schools
colleges Administrati%e raining Institutes and Judicial raining
Academies and pass such other or further orders as ma" 'e deemed
necessar" and this render Hustice.
8ated at Chennai on this )
he 26thda" of Jan 25-+ )
And signed in m" presence ) Before 1e
Ad%ocate Chennai
#age o. 2o. of Corrns.
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H#*, Co()$ M!)!s
WP No. 2668 of 2015
S. Balamurugan
!en. Sec" #UC&4,#
.. #etitioner
ersus
State of rep '"
Chief Sec" !o%t. Of
And others
..
espondents
A!"#$ of S. %!&!'()(*!+
1,s ! #rasad -+,??
#age o. 2o. of Corrns.
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2
Co(+s-&s fo) P-$#$#o+-)
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