Only Government & Local Bodies Are Authorised To Install Statues At Public Places: Madhya Pradesh High Court Clarifies
While hearing a PIL against an alleged illegal attempt to erect a statue on public land in Makdone, the Madhya Pradesh High Court has said that apart from the government and local bodies, no private individual, religious body, NGO or association is authorised to install statues at public places.The PIL alleged that within the limits of Nagar Parishad, Makdone, a group of persons was going...
While hearing a PIL against an alleged illegal attempt to erect a statue on public land in Makdone, the Madhya Pradesh High Court has said that apart from the government and local bodies, no private individual, religious body, NGO or association is authorised to install statues at public places.
The PIL alleged that within the limits of Nagar Parishad, Makdone, a group of persons was going to install a statue in public places, roads and crossings, etc., which is not permissible.
Referring to the court's 2022 directions passed in a separate plea, the division bench of Justice Vivek Rusia and Justice Binod Kumar Dwivedi in its order, said:
"Therefore, the Chief Secretary of the State of Madhya Pradesh is directed to circulate copy of order passed in the case of Greeshm Jain v State of Madhya Pradesh to all the Municipal Corporations, Municipal Councils, Nagar Parishad, Gram Panchayat etc., so that the violation/ contempt of the said order can be avoided. Apart from government and local bodies no group of person, Associations, NGO, religion are authorized to install statues at public place".
For context, the high court had in its 2022 order in Greeshm Jain v State of Madhya Pradesh directed the State Government to remove all statues erected on or after January 18, 2013. It had said:
"Respondent No. 1 is further directed by a writ of mandamus to remove all statues erected on public roads, pavements, sideways and any other public utility place at any village, town or city situated within the State of MP, which had been erected on or after 18.01.2013 (the date of restraint order passed by the Apex Court in SLP (C) 8519/2006 (Union of India VS. State of Gujrat and others). Respondents are henceforth restrained by way of writ of prohibition from installing any statue on public roads, pavements, sideways and any other public utility place situated in any village, town or city within the State of MP".
The bench thereafter observed that if the high court's 2022 order has not been challenged by the State before the Supreme Court, then the court's earlier directions are "binding on the State Government".
The present plea before the high court gave an example of the Patidar Samaj Sangathan & Sardar Patel Yuva Sangathan sought permission to install a statue of Sardar Vallabhbhai Patel at Mandi Crossroads; thereafter on January 25, 2024 the statue was established which was later removed by members of the tribal community pursuant to which "unrest broke out in the city".
The petition further stated that several other groups had submitted representations to install statues of various historical and religious figures, including God Parshuram, God Dharnidhar (Balram Ji), Tantiya Bheel, Mihir Bhoj, Maharana Pratap and Dr B.R Ambedkar. Later, the municipal council stayed the decision on establishing statues. The plea claims that "looking to communal distress", the petitioner made a representation last year stating that no statue should be established at Mandi Crossroads to maintain peace and harmony.
The plea claims that despite clear orders of the Supreme Court and High Court prohibiting unauthorised statue installations, the Nagar Parishad of Makdone had permitted the establishment of the statue last year.
The bench in its order noted that the petitioner had filed a copy of a resolution dated 29.11.2023 whereby such a type of proposal has been kept in abeyance by the Nagar Parishad.
The bench, in its order, however, observed that "no material has been brought on record to show that the Parishad has taken any decision to install statue of any of the person on public property".
The petitioner thereafter referred to High Court's decision in Greeshm Jain wherein the court had directed Bhopal's municipal corporation to "forthwith remove the statue" of Late Shri Arjun Singh–the former Chief Minister–from Major Nanke Petrol Pump Tri-junction in the city.
Case Title: Rajesh Kumar v State of Madhya Pradesh [WP-6189-2024]
Counsel for Petitioner: Advocate Manish Yadav
Counsel For State: Additional Advocate General Anand Soni