Chennai: In an important ruling, the Madras High Court has reaffirmed the constitutional right to religious freedom by permitting the construction of a Bible Study Centre in Kanyakumari district. The court held that religious practices cannot be restricted merely on the apprehension of law and order issues, reports the Live Law.
Hearing the case titled A. Jacob Sahariah v. The District Collector and Ors., a division bench comprising Justice RMT Teeka Raman and Justice N Senthil Kumar ruled in favour of A. Jacob Sahariah, District Secretary of the CSI Church in Erichamamoottu Villai, who had challenged the rejection of his application to construct a Sunday Bible School.
The application, filed under Rule 4(3) of the Tamil Nadu Panchayat Building Rules, 1997, was turned down by the District Collector based on reports from the Revenue Divisional Officer and the Superintendent of Police, citing possible disruptions.
However, the court ruled that Articles 25 and 26 of the Constitution, which guarantee the right to freely practise and propagate religion, could not be curtailed on mere speculation of unrest.
“Such a right cannot be denied or taken away on a mere objection or apprehension of law and order,” the court stated.
The state government, represented by Additional Government Pleader G. Suriyaananth, argued that objections from people of different faiths warranted caution to maintain peace. However, the court noted that the proposed Bible Study Centre was to be built on private land, with ownership and possession legally confirmed. It further observed that no substantial evidence had been presented to justify the denial of permission.
During the hearing, the petitioner assured the court that no electronic display boards or loudspeakers would be installed outside the building. Accepting this undertaking, the court directed that permission be granted, subject to compliance with technical and regulatory requirements. The petitioner was also instructed to submit a notarised copy of his undertaking to the District Collector.
The verdict reinforces the judiciary’s role in protecting religious rights while ensuring a balanced approach to public order concerns.
