PUCL PIL WP-Affidavit

8/9/2019 PUCL PIL WP-Affidavit

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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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2

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.



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7

(%) - 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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-5

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.



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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


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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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++. 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.



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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.



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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



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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 -+,??



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Co(+s-&s fo) P-$#$#o+-)

Documents

PUCL PIL WP-Affidavit