Unlawful, unjustifiable for judge to overrule division bench: Madras HC

CHENNAI: The approach and conclusion reached by the single judge while declaring the judgment of a division bench as nullity is ‘absolutely unlawful and unjustifiable’, held a division bench of the Madras High Court.

The earlier order had denied permission to perform the ritual of rolling over the banana leaves after partaking in meals, holding that it affected the dignity of life. But on May 17, 2024, Justice GR Swaminathan allowed it when a petitioner sought permission to hold such an event in Karur.

Criticising this, a division bench of Justice R Suresh Kumar and Justice G Arul Murugan said the single judge should have laid off hands and dismissed the petition since a higher forum has already settled the issue by denying the permission.

Allowing an appeal moved by the State government, the bench set aside the order of the single judge allowing the practice at Nerur Sri Sadhasiva Brahmendral Samathi in Karur.

“Whether such practice would go against the public morality or Constitutional morality is a matter to be gone into, which cannot be decided by this court now, as the Apex Court is already seized with a similar matter arising out of Karnataka High Court and issued interim stay to such practice followed in a 500-year-old temple. And the matter is still pending,” held the bench.

The court asked the parties to await the final decision rendered by the Supreme Court, and directed the State and district authorities not to permit the practice till then.

About a decade ago, Dalit Pandiyan, an activist, filed a case to stop the Angapradakshinam (rolling over the plantain leaves left by the devotees after partaking in meals) at Sri Sadhasiva Brahmendral Samathi in Nerur village in Karur, alleging that it was an inhuman practice and sought to protect the right of dignified life.

In its verdict on April 28, 2015, a division bench stayed it. "No human being can be allowed to be degraded by following any practice or custom in the name of religion," it had held.

However, one P Naveen Kumar filed a petition seeking to direct the district administration to permit Annadhanam followed up by Angapradakshinam on the eve of Jeeva Samathi day. After hearing the arguments, Justice Swaminathan, on May 17, 2024, allowed him to conduct the event.