[Eid Procession] "As Far As Citizens Are Permitted To Celebrate Festivals, The Banners Of Committees Become Immaterial": Gujarat High Court

While hearing two pleas challenging the State police's 'inaction' to decide the applications filed by Ahmedabad-based committees/banners to take out Eid-e-Milad processions, the Gujarat High Court today remarked that what is important is that the festivals are allowed to be celebrated, and it is immaterial under whose banner the same are being celebrated.

"The purpose is that celebrations must take place but at the same time, peace and harmony should not be affected...There must be permission (to celebrate festival) to some trust, at the same time, not everyone can be permitted whosoever seeks permission (to celebrate festival)," the bench of Justice Nirzar Desai remarked.

The Court was essentially dealing with two petitions filed by Eid Miladunnabi (Central) Committee through its president Parvez Momin, and another by Anjuman a Noor a Do Jahan Eid-e-Milad Julus Committee (Ahmedabad East). Both the groups/committees had the same grievance that their applications to take out the processions on the occasion of Eid remained pending with the state authorities and that no decision had been taken by the state government officials.

On the other hand, the government pleader Manisha Lavkumar submitted before the Court that the state government was in the process of rejecting the applications of the petitioners and that it had already granted permission to about 8 associations to take out the religious processions and that over 7 lakh people are set to join the celebrations.

It was her further submission that the Government was not objecting to the taking out of the processions in general and that it was permitting the celebrations to take place, however, it was just refusing permission to certain committees/banners to take out the processions. She further added that in the capacity of a citizen, anyone can take part in the processions that have been allowed.

In view of the submissions made by the State Government, the Court observed that it was important to ascertain that the celebration takes place and it was immaterial as to under whose banner the processions are being taken out. The Court stressed that what is to be considered is that people are not stopped from celebrating the festival and till the time, the citizens are allowed to take part in the celebration of the festivals, it is of no concern to the court whether one banner is permitted and the other one isn't.

"Festivals are meant for the people to celebrate not for any banner or for any person to take credit that under my banner these many people have joined (the festival)," the Court further remarked. Pursuant to this, the two petitioners/committees withdrew their pleas.

However, the Court did ask the Government to request its authorities to expedite the process of taking decisions on the applications submitted before it by the committees to celebrate such festivals, take out processions, etc.

Case title - Anjuman A Noor A Do Jahan Eid E Milad vs. State Of Gujarat

Case Citation: 2022 LiveLaw (Guj) 388

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