Can Police Be Mandated to Ensure Law and Order During Religious Festivals at the Behest of a Sarpanch? — Upholding Executive Duty Under Article 226

The High Court reaffirmed that executive authorities can be directed under Article 226 to maintain law and order and enable peaceful conduct of religious festivals, emphasizing the continuing obligation of the police to protect customary rights and prevent disturbances. This judgment upholds existing precedents and provides binding authority for similar administrative law disputes involving law and order interventions.

 

Summary

Category Data
Case Name WP/29725/2025 of Vennela Apparao, Vs State of Andhra Pradesh, CNR APHC010577062025
Date of Registration 28-10-2025
Decision Date 03-11-2025
Disposal Nature DISPOSED OF NO COSTS
Judgment Author Dr. Justice Venkata Jyothirmai Pratapa
Court High Court of Andhra Pradesh
Precedent Value Binding on lower courts in Andhra Pradesh
Type of Law Administrative Law / Public Law
Questions of Law Whether the police can be directed under Article 226 to ensure law and order and protect the customary role of the Gram Panchayat and its Sarpanch during a religious festival.
Ratio Decidendi

The Court held that the police authorities are duty-bound to maintain law and order during public religious events and to protect the traditional role of Gram Panchayat and its Sarpanch.

The Court recorded the assurance of the State that the police would take all necessary measures to ensure peaceful conduct of the festival.

Consequently, directions were issued to the police to enable worship by villagers and prevent disturbances, without precluding other lawful actions by the police if incidents arise.

Facts as Summarised by the Court

The petitioner, Sarpanch of Vennelapalem Village, sought directions against police inaction regarding his complaint about potential disturbances during the Maridimamba Ammavaru Temple Festival on 6.11.2025, raising issues of denial of access and interference with his customary role.

The State informed the Court of a pending criminal case against the petitioner but assured that law and order would be maintained during the festival.

Practical Impact

Category Impact
Binding On All subordinate courts and executive authorities in Andhra Pradesh
Persuasive For Other High Courts in public law and administrative law writs concerning law and order at religious events

What’s New / What Lawyers Should Note

  • The judgment reiterates the power and duty of the police to maintain law and order during religious festivals, even when disputes involve customary roles of local bodies.
  • Writs can be used to direct the executive to ensure peaceful conduct of public events and protect traditional rights without dictating detailed administrative actions.
  • Assurance by the State authorities, when recorded by the Court, can serve as a sufficient ground for issuing direction and disposing of such writs.
  • Existing criminal proceedings against a petitioner do not absolve police from their duty to ensure law and order concerning public events.

Summary of Legal Reasoning

  • The Court considered submissions from both sides: the petitioner seeking proactive police intervention and the respondents assuring compliance.
  • The respondent State placed on record information about the pending criminal case against the petitioner but maintained its readiness to manage law and order.
  • Relying on the principle that executive authorities have an ongoing obligation under law to prevent disturbances during festivals and safeguard customary roles, the Court granted directions accordingly.
  • The Court clarified its directions do not restrain police powers in response to any untoward incidents, thereby balancing public order with individual/customary rights.

Arguments by the Parties

Petitioner:

  • Police have failed to act on the complaint regarding potential disturbances.
  • Requested directions to ensure law and order and protection of the traditional role of the Sarpanch and Gram Panchayat during a religious festival.

Respondent:

  • Brought to the Court’s notice that a criminal case is pending against the petitioner.
  • Assured the Court that the police will take necessary steps for peaceful conduct of the festival and maintain law and order.

Factual Background

The petitioner, the Sarpanch of Vennelapalem Village, filed a writ petition alleging police inaction on his complaint dated 03.10.2025 about anticipated disturbances during the Maridimamba Ammavaru Temple Festival scheduled for 06.11.2025. He sought Court directions to protect the traditional and customary role of the Gram Panchayat and to prevent denial of access to the temple. It was noted that a criminal charge was pending against the petitioner, but the State assured the Court of its commitment to law and order during the festival.

Statutory Analysis

  • The Court acted under Article 226 of the Constitution of India, examining the police’s duties to maintain law and order and protect rights under Articles 14 and 21.
  • No detailed statutory interpretation was undertaken beyond acknowledgment of the constitutional and executive authority involved.

Alert Indicators

  • ✔ Precedent Followed – The judgment affirms established principles regarding executive obligations in maintaining law and order during public and religious events.

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