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Court asked the Sub Divisional Magistrate, if he decided to allow the procession, to regulate the procession's size, timing, route, and security, and to prohibit weapons
In a recent decision, the Allahabad High Court underscored that it is the responsibility of state authorities to uphold peace and order during peaceful processions, a principle repeatedly affirmed by both the Supreme Court and the High Court in numerous judgments.
Court was dealing with a writ petition filed by the Khidmate Khalq Educational Welfare Society, requesting permission to hold a Barawafat procession scheduled for September 16-17, 2024.
The petitioners, invoking Article 226 of the Constitution of India, sought a writ of mandamus directing the authorities to allow the Eid Milad-un-Nabi procession along either the conventional or an alternative route suggested in the petition.
During the hearing, the bench of Justices Shekhar B. Saraf and Manjive Shukla observed that the petitioners had not challenged any specific order from the authorities but only sought permission for the procession. This did not provide grounds for the court to intervene.
In response, the petitioners submitted a newly filed amendment application requesting the court to annul an order dated August 8, 2024, issued by Sub Divisional Magistrate Najibabad District Binjor.
Court further pointed out that the petitioners had not provided any evidence to show that the procession had been held in the past. It noted that while permission was granted in 2022, it was later withdrawn due to local objections, and there were no records of similar requests in 2023.
Despite this, the court reviewed the amendment application, allowed it, and directed the petitioners to update the prayer clause accordingly.
Furthermore, court directed the SDM to pass a reasoned order by September 15, 2024. Court also asked the SDM to ensure that the security and tranquility of the area would not be compromised if permission for the procession were granted.
Court emphasized that while peaceful processions are a constitutional right, the authorities must ensure that such events do not disrupt public order.
Additionally, court held that if permission were to be granted, the SDM will regulate the procession, including controlling the number of participants, fixing the time and route, and ensuring that no weapons were carried during the event.
With these directions, the court disposed of the writ petition.
Case title - Khidmate Khalq Educational Welfare Society And Another vs. State Of U.P. And 4 Others
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