'Can't Seek Relief At The Eleventh Hour': Madras High Court Dismisses Plea Against 'Specific Exclusion' of TN's Tableau In Republic Day Parade

Madras High Court has refused to entertain a public interest litigation filed by Advocate P. Babu against the exclusion of Tamil Nadu's Tableau for participation in 73rd Republic Day Parade scheduled for tomorrow. The first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu noted that the petitioner has failed to submit all relevant documents other than a few news items which cannot be the basis for the directions sought.Colonel Dr. Edwin Jesudoss appeared for the petitioner and contended that the 'specific exclusion' of the tableau hurts the sentiments of the people of Tamil Nadu. The counsel sought direction to the Ministry of Defence for granting permission to participate in the parade to display the state's culture and its freedom fighters through TN's in the 73rd Republic Day parade to be held at New Delhi ON 26th January.The counsel added that the Tamil Nadu CM, M.K Stalin, is currently seized of the matter and he also wrote to the Home Minister and the Prime Minister of India aggrieved by the exclusion. He also stated that the Defence Ministry has not cited any specific reasons for the exclusion of Tamil Nadu's Tableau.In response to the court's query as to whether there are any written orders by the Union Government on rejection of tableau, the petitioner stated that the Centre has only orally communicated its rejection and there aren't any written orders adverse to the State of Tamil Nadu. the advocate also added that the Centre had allowed the state to go through three stages of selection process and rejected the tableau afterwards.However, the court was not even convinced by the locus of the petitioner. The court orally remarked that the State Government ought to be aggrieved by the exclusion. The petitioner lacks the locus to file the PIL before the High Court, added the bench.Accordingly, the court noted in the order that the petitioner was not even aware if the State of Tamil Nadu has given an application to the Ministry for inclusion of tableau, except the newspaper reports cited by him which cannot be taken into account by the High Court. The counsel also made a submission that the CM's letter was widely publicised in all media.When the court frowned upon the petitioner for filing such a petition at the last moment or at the eleventh hour, given that the republic day parade will be held tomorrow, the counsel added that delay can be attributed to the Union for its failure to communicate the selection/rejection much earlier.The court was initially inclined to dismiss the petition with costs since the petitioner was attempting to espouse the cause of the state even when the state has not moved the High Court. Afterwards, the counsel submitted that he has served the nation for 34 years and the current PIL was filed since it hurts his sentiments as a Tamilian. Accordingly, the court dismissed the writ petition and noted as below:"Writ Petition seeks a direction to the Ministry of Defence for display of Tamil Nadu's tableau in the Republic Day Parade... As stated by the petitioner, on alleged communication by state, the defence minister conveyed that Tamil Nadu couldn't qualify for participation in republic day parade and thus permission for display of tableau was not given. The statement aforesaid has been made orally and if at all is taken to be correct, no challenge to the communication made by the defence minister with proper documents and reasons have been made. Moreover, participation in the Parade scheduled for tomorrow cannot be granted a day before. Thus prayer cannot be granted. Writ Petition dismissed accordingly."Case Title: P. Babu v. Ministry of Defence & Ors.Case No: WP/1017/2022 (PIL)

'Can't Seek Relief At The Eleventh Hour': Madras High Court Dismisses Plea Against 'Specific Exclusion' of TN's Tableau In Republic Day Parade

Sebin James

The court also orally remarked that the State Government ought to be aggrieved by the exclusion. The petitioner lacks the locus to file the PIL before the High Court, added the bench.

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