Orissa High Court Junks Plea To Put Restrictions On Hanuman Jayanti Procession In Sambalpur, Orally Calls For Religious Tolerance

The Orissa High Court has dismissed a writ petition filed by seven Muslim men seeking to put restrictions on Hanuman Jayanti procession in the city of Sambalpur, which is going to be held between April 06 to April 14.

The petitioners cited communal violence during a similar procession in 2023 and apprehended religious disharmony and untoward incidents. However, the Division Bench of Chief Justice Harish Tandon and Justice Arindam Sinha did not grant the relief sought as the State assured adequate preventive measures to ensure peace.

Advocate Mohammed Mustaq Ansari appeared on behalf of the petitioners and submitted that there was a large-scale violence during Hanuman Jayanti celebration in Sambalpur in the year 2023 which resulted in death of a person, damage to public properties and arrest of several persons. Therefore, he sought urgent relief by way of imposing certain restrictions on the procession scheduled to be held this year.

At this juncture, Justice Sinha said,

“If we act on your prayer, will it then be a precedent for other religious processions? Please understand, when one community takes out a procession, you resist and the Court interferes then when another community takes out a procession, the order we passed today will bind that community.”

Advocate Ansari agreed that it might set a precedent binding other communities as well.

Justice Sinha queried as to why the petitioners apprehend a law-and-order issue, especially when the administration has been duly informed about the same, which is expected to control any untoward situation, if arises.

Ansari claimed that despite prior intelligence input regarding a possible communal violence, the law-and-order enforcement agencies failed in ensuring peace in 2023.

Chief Justice Tandon then interjected and said that right to life and liberty has to be taken into consideration in the context of right to freedom of religion in such situations. He questioned that when both the rights are pitted against each other then what should be the desirable course of action.

Ansari responded that freedom of religion under Article 25 of the Constitution is subject to public order, morality and health and thus, it cannot trump the need for ensuring public order.

However, the Chief Justice said that the law-and-order comes under the State List in the Seventh Schedule of the Constitution and thus the State is empowered enough to look after the same. Therefore, a mere apprehension, backed by no plausible reason, cannot form basis for the Court to interfere with religious activities.

The counsel at this juncture urged that "reasonable fetters" be put on the procession, having regard to the past incidents and rising communal tension in the country.

The Bench, however, recorded the assurance given by the State to ensure public order and peace. “The festival of Hanuman Jayanti is to be held between 6^th and 14^th April, 2025. State says that there should be no apprehension of any untoward incident in the festivities of the concerned community. They are and will regulate the festival as is required, for peaceful observance thereof…State is to take note of the allegations and disclosures made in the petition and take adequate measures as may be deemed necessary.”

As the counsel again insisted on putting some restrictions on the procession, Justice Sinha orally remarked,

“The State is saying that they will regulate it…We require tolerance. There will be festivals throughout the year. We need to tolerate the others' festivals…The Court cannot supervise conduct of a festival.”

Case Title: Sk. Enayatullah & Ors. v. State of Odisha & Ors.

Case No: W.P.(C) No. 8631 of 2025

Date of Order: March 26, 2025

Counsel for the Petitioners: Mohammed Mustaq Ansari, Advocate

Counsel for the Respondents: Mr. Bimbisar Dash, Addl. Govt. Advocate; Mr. Prasanna Kumar Parhi, Dy. Solicitor General of India

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