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Madras HC orders return of seized Bharat Mata statue

The Madras high court on Wednesday slammed the Tamil Nadu police for their “high handedness” in removing a statue representing “Bharat Mata” from a Bhartiya Janata Party (BJP) office and ordered the state to return the statue to the national party concluding that it’s not the business of the state to control affairs inside a private space. The Court has directed the district administration to forthwith return possession of the statue.
The authority of the state must normally end where the boundaries of the private property starts, said justice N Anand Venkatesh, adding: "The installation of a statue of Bharat Mata on private property is a deeply personal and symbolic act that reflects an individual's reverence for their motherland…No person in his right senses could seriously contend that expressing one's patriotism and love for one's country would imperil the interests of the state or the community." This act on the part of the respondents is highly condemnable and should never be repeated in future. We are living in a welfare state which is governed by (the) Rule of Law. Therefore, such high-handedness can never be tolerated by a Constitutional Court exercising its jurisdiction under Article 226 of the Constitution of India,” he observed.
The court was hearing a case filed by Virudhunagar BJP (East) district president G Pandurangan, saying the Bharat Mata with the National Flag was installed at the BJP party office premises in Virudhunagar. During the night hours of Aug 7, 2023, police and revenue officials entered the office situated on patta land and took away the statue without any notice or orders, he said.The property for the BJP office in this case was bought in Virudhunagar district in 2016 after which a statue representing Bharat Mata holding the flag in her hand was also installed.
On its part, the govt said that a division bench of the court had earlier directed the authorities to ensure that no person or party was permitted to install statues in the state without getting proper permission. Thereafter, a circular had also been issued by the govt prescribing guidelines.

 

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