'Why Portray Religious Festivals Are Always Sources Of Riots?': Supreme Court Dismisses Plea To Regulate Processions

While dismissing the plea the Bench comprising CJI, Justice D.Y. Chandrachud and Justice P.S. Narasimha recorded in the order -

"The reliefs which are being sought by the petitioners invoking the jurisdiction under A. 32 of the Constitution are not capable of being dealt with by the application of judicially manageable standards. The petition seeks issuance of a roving writ of mandamus by this Court. That apart, the subject of law and order falls under the ambit of the State…."

Senior Advocate, Mr. C.U. Singh appearing on behalf of the petitioner submitted that though there are some advisories issued by States and Ministry of Home Affairs they are not being followed by the authorities. It was the grievance of the petitioner that there are also provisions in the CrPC and the Police Manual regarding granting of permission for processions, but are not implemented. Mr. Singh added -

"The authorities are abdicating their functions entirely, so the court has to step in .Otherwise during this festival season your lordships will see there are a series of riots."

The CJI made it abundantly clear that law and order was a State subject and the Court cannot interfere in the same. Considering the diversity that exists in the country, the CJI felt that the States are fit to decide the procedure suitable for their own jurisdiction.

"The country is diverse. The conditions which prevail in a particular district are very different from those prevalent in other districts of the same State. The States are entrusted with the power to regulate the districts in their own jurisdiction."

The CJI also stated that if conditions of permission were breached, then individuals are at liberty to approach the High Court under Article 226 of the Constitution.

Mr. Singh averred that there is a prevalence of brandishing weapons during religious processions and Shobha Yatras. He indicated that in the recent past there have been some unfortunate incidents like riots in the Shobha Yatras.

"Today people are holding processions brandishing weapons, swords, firearms etc. It is happening during the religious festival season."

Giving an example of non-violent religious festivals, llike Ganesh puja in Maharashtra were lakhs of people congregate peacefully, CJI reckoned -

"Equally, within the same festival season we do not have riots…Why do we always want to portray that religious festivals are a source of riots? Let's look at what good is happening in the country instead of this…"

[Case Title: Citizens For Injustice And Peace v. UoI And Anr. Diary No. 14630/2022]