State Can't Act On Superstitions: Madras High Court On Removal Of Idols From Private House Over Alleged Unnatural Deaths In Locality

Justice Bharatha Chakravarthy ordered that a person can keep any idol in his own premises and worship peacefully by even inviting his friends or neighbors. The court added that the public cannot take law into their hands as a majority might and remove the idols.

“However, if a person wants to keep any idol in his own premises and worship peacefully by himself or by inviting willing friends or neighbours, the public cannot take law into their own hands by the majority might. The State Authorities cannot give in to such superstitions and false beliefs. God or an idol will never harm any human being, and such beliefs are only superstitions and cannot be said to be in tune with the principles of 'Bhakthi' or 'Science',” the court said.

The court was hearing a contempt petition filed by Karthik, alleging that the authorities had not handed over the idols seized from his house. Karthik had installed idols of goddess “Sivasakthi Dhakshiswari” and idols of “Vinayagar” and “Veerabhadran” in his property and also welcomed his neighbors and other devotees to conduct pooja in his premise.

Karthik submitted that the authorities came to his premise and took away the idols alleging that there had been unnatural deaths in the area after installation of the idols. When Karthik initially approached the court, the court had remarked that the removal was not supported by law or science and directed that the idols be handed back to Karthik. Alleging that this order was not complied with, Karthik approached the court with the current contempt petition.

Karthik submitted that the idols were not handed over and that the local public was threatening him saying that they would attack him and would destroy the structure if the idols are kept in the premise.

The respondents submitted that Karthik had sought permission only for construction of house but had not constructed a temple and installed the idols in a manner allowing worship by everyone. It was submitted that Poojas were being conducted even in midnight affecting the local public. It was also submitted that Karthik had made a separate pathway and was collecting hundi amount also. It was even submitted that the land were the idols were kept did not belong to Karthik and was a poramboke land.

The court observed that if any construction had been unauthorisedly made, it was for the authorities to issue notice in accordance with law, allow Karthik to raise defences permissible under law. The court underlined that if any worship was being conducted which was disturbing the local public, the authorities could take appropriate action as per law upon receipt of complaint. Further, the court added that if any hundi was kept near the idol, the HR & CE department could inspect and take action as per law.

However, the court stressed that the public cannot take law into their own hands if a person wishes to keep idol at his premises. Noting that the idols had been returned to Karthik, the court closed the plea.

Counsel for Petitioner: M/s. M. Ganesh Babu

Counsel for Respondents: Mr. N. Manoharan Additional Government Pleader, Mr. S. Sugendran Additional Public Prosecutor (Crl.side), M/s. Shaikh Mehrunnisa

Case Title: A Karthik v. Mrs Rashmi Siddharth Zagade and Others

Citation: 2026 LiveLaw (Mad) 6

Case No: CONT P No. 3856 of 2025

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