The Madras High Court allows the installation of its statute on private land

Destroying a notice from the state authoritiesJustice M Dhandapani noted that Father Stan Swamy had made great efforts for the welfare of the tribes. The court also noted that citizens had the right to erect statues on their private property and that the only restriction was that no community conflicts should arise from such erection. In the present case, the court found that the notice was unlawful and was therefore inclined to set it aside.

“When an accusation against a person is not proven, the said accusation is null and void. In the present case, Fr. Stan Swamy has been making more efforts for the welfare of the tribals and the issue at stake is the erection of his statute/stone pillar on the private property of the petitioner. As a general principle, the law grants citizens the right to erect statues on their own private property. The only restriction is that such erection of the statue should not create conflict between two communities or in a manner that would hurt the sentiments of any particular society. There is no legal hurdle if the erection of a statue on a private patta land is allowed,” the court said.

Piyush Sethia had approached the court seeking to quash the notification of the Tahsildar of Nallampalli Taluk and allow him to erect the stone pillar in the memory of Father Stan Swamy. Sethia informed the court that he managed agricultural lands and carried out agricultural and watershed development activities.

Sethia said he taught sustainable agriculture and lifestyle practices through the Coop forest. He added that his mentor was the late Father Stan Swamy and to commemorate his life he wanted to erect the stone pillar but the attempt was interrupted by a message from the authorities.

The State objected to the plea, arguing that Sethia had attempted to unveil the stone pillar without obtaining proper permission from the authorities. It was also alleged that the stone tablet related to a person related to Naxals and Maoists and would hamper law and order in the area. The state also argued that the tribal hamlets had recently become a haven for breeding anti-social elements and anti-government ideologies and the unveiling of the statue in such a sensitive area would lead to communal clashes and tension.

However, the court noted that the issue of establishing a status in a private area was already well settled and the state could not interfere with the private life of citizens and its right to establish a statute within the private area.

The court thus set aside the Tahsildar’s order and allowed the petition to erect Father Stan Swamy’s stone pillar in his private land. The court also warned the petitioner to ensure that the public is not hindered while erecting the stone pillar.

Stan Swamy died in July 2021 as an undertrial in judicial custody in the Bhima Koregaon case, in which he was accused of having links with the Naxalites.

Great person, respect his work: Bombay HC rules against Fr Stan Swamy

Applicant’s lawyer: Dr. V. Suresh

Counsel for respondents: Mr.U. Baranidharan Addl. Government Pleiter, Mr. L. Baskaran government. Lawyer (Crl. Kant)