The Madras High Court disposed of a Suo Moto Public Interest Litigation (PIL) filed seeking directions to the Respondents to prevent unwanted incidents and to take appropriate steps in issue the guidelines to streamline the funeral processions throughout Tamil Nadu State without hindrance by drunken person to general public by throwing garlands and blocking of vehicle movements and etc.
The High Court had taken suo motu cognizance of the letter dated 4.9.2022 stating about the unfortunate incident that took place because of the garland thrown in a funeral procession.
The counsel for respondents have placed on record a Circular Memorandum issued on 20.3.2024 by the Director General of Police, Head of Police Force, Tamil Nadu. The following instructions are given:
“3. This is a very sensitive issue involving the traditions and emotions of the people, and at the same time the life and safety of the public. The Unit officers should take suitable preventive steps and sensitise the SDOs/SHOs in this regard.
i. Prior intimation should be given by the family members of the deceased to the local police with tentative time and route of the procession so as to regulate the vehicular traffic and the funeral procession.
ii. The local police should liaise with the Panchayat/Municipality/Corporations to clear the garlands and other materials that might be lying on the road so that there is no hindrance or disturbance to the movement of vehicular traffic.
iii. No banners, hoardings, etc. should be permitted without approval from the competent authorities.
iv. The organisers should be advised to collect the garlands/wreaths in the funeral house itself and the same should be disposed safely. They should be advised not to carry large number of garlands/wreaths along with the procession, not to throw them on roads/vehicles moving on the road. If any garland/wreath is left on the roads, the police should liaise with the local bodies to clear the road immediately.
v. The organisers should be advised to avoid Highways/arterial/main roads.
vi. The police should regulate participants of the funeral procession to go in intermittent gaps to facilitate the smooth movement of traffic.
vii.Strict legal action should be taken if there are any violations endangering the life and safety of the public.
viii.The local police should regulate the route of the funeral procession if law and order problem is anticipated in any particular route.
ix. The above precautionary measures are only indicative and not exhaustive. The Unit Officers should take all necessary precautionary measures to ensure the safety of the public.”
The Division Bench of Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy hoped and trusted that the aforesaid instructions issued by the Director General of Police, Tamil Nadu, shall be adhered to in its letter and spirit.