Milad-Un-Nabi Juloos | State Authority Bound To Ensure Tranquillity When Peaceful Processions Are Carried Out: Allahabad HC

A bench of Justice Shekhar B. Saraf and Justice Manjive Shukla observed thus while directing the Sub Divisional Magistrate, Najibabad (District Bijnor), to pass a reasoned order by September 15 on an application seeking permission to carry out the procession of “Eid Miladun-nabi (PBUH)/Barawafat” on September 16.

“…we direct the Sub Divisional Magistrate concerned to pass a reasoned order on the same by September 15, 2024 and communicate the same to the petitioners immediately after passing of the same. We make it clear that the Sub Divisional Magistrate should take into consideration the fact that the security and tranquillity of the area is not disturbed because of the procession being carried out through the said area. The Supreme Court and this Court have observed so in a catena of judgments that it is the job of the State Authority to ensure peace and tranquillity when peaceful processions are carried out,” the division bench directed in its order.

The Court, however, clarified that the SDM concerned would be at liberty, if he is inclined to grant permission, to regulate the said procession with regard to the number of persons that may take part in it, fix the time and route of such procession, and direct that no arms or weapons be carried during it.

Furthermore, the Court directed the SDM concerned also to arrange security in the particular area and route for the said procession.

The Court passed this order while hearing a writ plea by Khidmate Khalq Educational Welfare Society seeking direction to the state authorities to grant permission for the Eid Nabi (PBUH)/Barawafat procession.

Though the petitioner society initially did not challenge any specific order passed by the authorities, the Court allowed its application to seek an amendment in the prayer clause challenging an order of the SDM concerned.

The Court noted that the SI of the area concerned prepared a report on an application filed by the petitioner society and forwarded it to the SDM Concerned. Still, no decision was made regarding the application.

For context, the report prepared by the SI and submitted to the SDM concerned stated that the applicant (a person associated with the society) is a communal person. He comes to the village on the occasion of Barawafat and tries to organize a procession by taking innocent people into his confidence. The report added that the procession may spread communal tension in the village.

The report further stated that the Hindu community opposes the procession, and if the applicant is granted permission to remove the jurors, any untoward incidents in the village cannot be ruled out.

Noting that no decision was made on the application to take out the procession, the bench disposed of the plea by directing the SDM concerned to pass a reasoned order by September 15 while considering the observations made by the High Court.

Case title - Khidmate Khalq Educational Welfare Society And Another vs. State Of U.P. And 4 Others 2024 LiveLaw (AB) 576

Case citation: 2024 LiveLaw (AB) 576

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