Orissa High Court Asks Balasore SP To Reconsider Restrictions Put On Moharrum Tazia Procession

The Orissa High Court has directed the Superintendent of Police, Balasore to reconsider the restrictions placed on observation of Moharram Tazia procession at certain places of Balasore district, keeping in view the possible law and order situation.

An order dated 26.07.2023 passed by the SP, Balasore restricting the Moharrum Tazia Procession only through some selected streets under certain terms and conditions. Traditionally the Tazia Festival is observed in 7 Muslim bastis under villages Bidyadharpur, Mangalpur and Badibazar.

The petitioner had submitted a representation to the SP and the Tahasildar for granting permission to observe the festival in all those villages. However, when the same was not granted, the petitioner approached the High Court.

The Government Advocate appearing for the State submitted that the State Administration has given due consideration. As there is ill-feeling between two groups and that has led to law and order situation in the past, the said restriction has been imposed for maintaining public order.

In the said order, the SP pointed out that one group is protesting against the Tazia procession while the other group is planning to organize the procession on 29.07.2023 & 30.07.2023. Thus, having regard for the factual situation, the Division Bench of Justice Subhasis Talapatra and Justice Savitri Ratho said,

“Having noticed this observation, we cannot just whittle down the apprehension of the State Administration including the Superintendent of Police, District-Balasore. However, we permit the petitioner to file a further representation, giving names of two or three places out of those Bastis where the Tazia Festival can be organized, without breach of law and order.”

The Court also directed that on receipt of the said representation, the SP shall take a fresh look into the matter and only after being satisfied about the law and order situation in the proposed places, she may permit the organizer to hold such Tazia Muharram processions in those places.

Before parting with the order, the Court clarified that it is not making any observation to grant permission in favour of the petitioner. Accordingly, the SP was asked take feedback and thereafter, to decide whether such permission can be granted or not.

Case Title: Sk. Irshad Ali v. State of Odisha & Ors.

Case No: W.P.(C) No. 23817 of 2023

Order Dated: July 28, 2023

Counsel for the Petitioner: Mr. A.N. Pattanayak, Advocate

Counsel for the State: Mr. J.P. Patnaik, Govt. Advocate

Click Here To Read/Download Order