Madras High Court: In a writ petition filed praying for directing the police/respondents to grant permission and police protection for conducting “Cock fight” at Valakkanampoodi Pudur Village, the division bench of V.M. Velumani and R. Hemalatha JJ. directed the police to consider the representations of the petitioner and to give protection for conducting cock fight event during 17-01-2023 to 19-01-2013, subject to certain conditions. Further, it allowed the police to act immediately in accordance with law, if the conditions were not strictly followed during the event and if there is any violation.
In the present case, the petitioner along with a group of people constituted a committee in their village, who conduct the birthday celebrations of the late Chief Minister Puratchi Thalaivar Dr. M.G.Ramachandran, for every year. To mark the said function, they organise ‘Cock fight’, which is the traditional game during the Pongal festival. The said ‘cock fight’ is one of the ancient festival games being organised in temple festivals and other festivals in the countryside. The petitioner and his group have organised the ‘cock fight’ this year and for the said purpose in order to get permission and police protection, the petitioner has sent representations to the police Since the police have not passed any order, the petitioner has come out with the present writ petition.
The Court directed the police to consider the representations of the petitioner and to give police protection for conducting cock fight event during 17-01-2023 to 19-01-2013, subject to the following conditions:
(i) The event shall be supervised by the police as well as the veterinary doctor of nearby Government Veterinary Hospital.
(ii) During the “Cock fight”, there should not be any injury to be caused to the birds, and the birds should not be intoxicated with any alcoholic substance and no knives should be tied around the legs of the birds, with the tip of the knives dipped in poisonous substances. The veterinary doctor shall ensure the same before the actual start of the event.
(iii)The petitioner shall bear the expenses towards police protection as well as the expenses towards the Veterinary doctor.
(iv) The organiser should take precautionary measures to avoid any unexpected incident while conducting the event of cock fight.
(v) Songs praising communal leader or having communal overtones should not be played.
(vi) The petitioner will ensure that no flex board or hoardings depicting community or leader is displayed.
(vii)No one is allowed to enter, except the owner of the birds which are going to participate in the event.
(viii) Separate place to be allocated for the spectators.
(ix) According to the conditions, eligible birds are only allowed to participate in the event. If there are any certain objections being raised, it is to be taken to the concerned Police Station to take a decision.
(x) Neither the petitioner nor any of the parties shall indulge in any gambling activities.
[M. Munusamy v. Superintendent of Police, 2023 SCC OnLine Mad 82, decided on 09-01-2023]
Advocates who appeared in this case :
For Petitioner: Advocate M.S.Palaniswamy
For Respondents: Additional Government Pleader E.Vijay Anand
*Apoorva Goel, Editorial Assistant has reported this brief.
