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Court observed that the Urs was not a new practice among Sufis and could not be denied simply because it coincided with Hindu festival of Navratri
The Allahabad High Court on October 5, 2024, set aside the Bareilly district administration's decision to deny permission for a Sufi religious gathering, questioning the ground of the refusal.
Followers of Hazrat Shah Mohammad Saqlain Miyan Huzoor, a revered Sufi scholar who passed away last year, sought permission to hold a commemorative event on October 8th and 9th, 2024, however, the administration citing fears of large crowds, potential confrontations between religious groups, and concerns over overlapping with the Hindu festival of Navratri, denied such permission.
The bench of Justices Saumitra Dayal Singh & Vipin Chandra Dixit observed that "...the observance of Urs would not be a new practice amongst the Sufis...merely because that Urs observance would coincide with a religious festival, may also not be a ground to deny the believers or followers of Hazrat Shah Mohammad Saqlain Miyan Huzoor their right to observe their religious practice, during that period, in accordance with the law".
The order was passed in an urgent petition filed by Aastan-E-Aaliyah Saqlainiya Sharafatiya. The petitioners, who are responsible for managing the dargah of the deceased Sufi Scholar, had submitted multiple requests for permission to observe the Sufi Scholar's first Urs, but the district authorities refused citing several reasons.
The primary concerns raised by the authorities were the potential for large crowds, the possibility of confrontations between religious groups, and the proximity of the Urs to the Navratri and Durga Puja festivities, which would already see a significant number of people in the area. The authorities also mentioned objections from both Hindu and Muslim organizations and argued that allowing such an event could lead to new religious practices that might cause further tensions in the future.
Additionally, the administration voiced concerns that the gathering could cause inconvenience to students at the Islamia Inter College, the venue for the event, despite the college having provided a No Objection Certificate to the petitioners.
The Aastan-E-Aaliyah Saqlainiya Sharafatiya, in response, argued that the Urs was a traditional and well-established religious practice among Sufi followers. They assured the court that no processions or loud music would be part of the event, as these were some of the specific concerns raised by the district administration. Moreover, they emphasized that the gathering would remain confined to the 20-acre grounds of the college and would not spill over onto public roads or cause disruptions to other religious activities such as Durga Puja or Ramleela.
After hearing both sides, the high court observed that the district administration’s decision appeared to have been made hastily and without providing the petitioners a fair opportunity to respond to the objections raised. Court pointed out that the administration had not disclosed specific complaints to the petitioners or allowed them to address the concerns.
Given these procedural lapses, court set aside the district administration's order and directed the City Magistrate of Bareilly to reconsider the petitioners' request.
Court directed the Magistrate to provide the petitioners with any objections by October 6, 2024, after which they could present their responses and undertakings. Court stressed the importance of a fair hearing and instructed the authorities to pass a reasoned order by 6 p.m. on the same day.
Case Title: Aastan-E-Aaliyah Saqlainiya Sharafatiya And Another v. State Of U.P. And 9 Others
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