Lawfully yours: By Retd Justice K Chandru

Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court Do you have a question? Email us at citizen.dtnext@dt.co.in

Update: 2022-05-23 03:14 GMT
Justice K Chandru

Rules on statues, temples in public space more honoured in breach than in observance

CHENNAI: Setting up places of worship or statues on encroached land is an exploitative practice still followed by many in the State. In the latest such case, Madras High Court has stalled the installation of a statue of former chief minister M Karunanidhi, after a petition alleged it had encroached on a public space abutting Tiruvannamalai Girivalam path. In this case itself, the encroacher had the backing of the state with none other than the additional advocate-general asserting in the court that there is no illegality in the issue. Are there no rules in this regard? Can't authorities be pulled up for taking such a biased stand? Who will bear the cost of inconvenience caused to people and loss to the public exchequer in such cases?

— S Venkitachalam, Semmencherry

The Supreme Court has already ruled that no temple or place of worship can be put up on public roads or places. Even for putting up such structures, permission will have to be obtained from district collectors under the local bodies' building rules. Similarly, for putting up a statue, the government's permission is required if is in a public place. All these rules are more honoured in the breach than in the observance.

One need not read too much into CM hugging Arivu

Can a serving Chief Minister, holding a Constitutional post, hug a person convicted of killing a former prime minister? Isn't CM praising the perpetrators in such a case not against the decorum of the office he is holding? Is there any difference between those who celebrate the killer of the Father of the Nation, and those who celebrate the killers of a former PM and 16 other citizens who died along with him in the blast?

— Kathiresan, Tondiarpet

There are different forms of welcoming a person. Hugging is one such exercise. Even if the Indian Prime Minister happen to welcome the Pakistan Prime Minister they will have to hug and show the warmth. Here is a leader of the House and government who took several efforts to get the man released after 31 years in prison. When that person came all the way to express his gratitude, there is nothing wrong in hugging him. Once a prisoner means he is not always to be ostracised. For his crime, he had undergone sentence twice the term prescribed. I don't think anyone can blame the Chief Minister for receiving a person by hugging. One need not read too much into such gestures.

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