Objection By Member Of A Community Doesn't Take Away A Person's Right To Pray As Per His Religion Under Article 25: Madhya Pradesh HC

Allowing a plea for conducting a New Year programme for the Christian Community which was opposed by the Vishva Hindu Parishad, the Indore Bench of Madhya Pradesh High Court observed that merely on the basis of certain objections raised by a member of one community, a person cannot be denied the right to assemble and pray as per his religion guaranteed under Article 25 of the Constitution.

Justice Subodh Abhyankar observed, “…the petitioner has been conducting such programme since last more than couple of years, which is also evident from the documents filed on record, and in such circumstances, merely on the basis of certain objections raised by the member of one community, the right of the petitioner to assemble and pray as per his religion as guaranteed under Art.25 of the Constitution, cannot be taken away. It is also apparent that the S.D.M. has rejected the permission dated 19.12.2024, only on the asking of member of other community, without even affording any opportunity of hearing to the petitioner. Thus, the petitioner has also been deprived of his valuable right to be heard before passing of an adverse order against him.”

As per the factual matrix of the case, the petitioner, an individual belonging to the Christian community had applied to the S.D.M., Meghnagar for conducting a New Year programme of Christian community. The application was allowed by the S.D.M. under certain conditions. However, the petitioner was later served another order issued by the S.D.M informing him that on account of certain objections raised by Vishva Hindu Parishad, Malwa Region, District Jhabua, it appears that the programme to be conducted by the petitioner, would cause disturbance and communal harmony, hence, the permission earlier granted to the petitioner was rejected.

The counsel for the petitioner submitted that before passing the aforesaid order, the petitioner was never informed and was not given any opportunity of hearing. It is further submitted that the aforesaid programme is conducted every year and an identical application filed for the last year on December 7, 2023 which was allowed was presented before the court showing that there was no disruption in the communal harmony.

On the contrary, the counsel for the State submitted that no illegality had been committed by the S.D.M. in rejecting the said application, as he was apprehending disruption in the communal harmony.

After hearing both the sides, the court concluded that the petitioner had been conducting the New Year programme for more than past couple of years without causing any disruption in communal harmony. Thus, his right to assemble and pray as per his religion cannot be taken away merely on certain objections raised by member of another community.

Thereafter, the court quashed the order of rejection of permission passed by the S.D.M. “…it is directed that the petitioner shall be free to hold the function as allowed earlier by the S.D.M. on 19.12.2024. The Collector, Jhabua is also directed to ensure that no disruption takes place, while the aforesaid programme/function is convened.”, the Court said.

The petition was hence, allowed.

Case Title: Vijay Katara Versus Principal Secretary And Others, Writ Petition No. 41978 of 2024

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