Bahraich Urs Blocked| Allahabad High Court Cites Admin’s Primacy, Seeks State’s Reply
In a significant development, the Allahabad High Court on Wednesday stated that it could not grant interim relief to the organisers of the annual Urs/Mela at Syed Salar Masood Ghazi's Dargah in Bahraich without first seeking the state's response.
Court declined to stay the District Magistrate's decision prohibiting the event, which draws nearly 4-5 lakh devotees from across India and abroad.
The division bench of Justices Rajan Roy and Om Prakash Shukla held that, at this preliminary stage, they were not inclined to interfere with the administration's decision, citing intelligence inputs and serious law and order concerns flagged by local authorities.
The petition was filed by Waqf No.19 Dargah Sharif Bahraich through its Chairman Baqaullah and others, challenging the April 26, 2025, order of the Bahraich District Magistrate refusing permission for the month-long Urs, scheduled from May 15 to June 15, with the main symbolic ceremony on May 18.
Senior counsel Dr. L.P. Misra, appearing for the Waqf, argued that the Dargah — established in 1375 AD by Firoz Shah Tughlaq — has been hosting the Urs for decades without incident. He claimed that the gathering was being unfairly blocked despite being exempt from the U.P. Melas Act, 1938. Misra further asserted that the refusal order was arbitrary, malafide, and violative of fundamental rights under Articles 14, 19(1)(b), 21, 25, and 29 of the Constitution.
Importantly, the petitioners claimed that the Urs is primarily a religious event and that the district administration is duty-bound to facilitate it, referring to a 1987 government order.
However, counsel for the State, Rajesh Tewari, countered that the Waqf itself had written to the administration on April 15 seeking coordination for the Mela, thereby triggering assessments from police and civil authorities. The administration, he said, relied on reports — including from the Local Intelligence Unit — which warned of potential threats to public safety. Tewari also argued that while rituals inside the Dargah were untouched, the large-scale commercial Mela outside fell under reasonable state regulation.
Court took note of the fact that a prohibitory order under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 had been in effect since April 11, but had not been challenged by the petitioners. Given the sheer scale of the proposed event — covering five square kilometres and hosting lakhs of people — the bench said courts must defer to the administrative assessment unless there is compelling evidence of arbitrariness or illegality.
While refraining from passing a conclusive judgment, court called for affidavits from the State and adjourned the matter to May 14 for further hearing. The plea for interim relief remains pending.
Case Title: Waqf No.19 Dahgah Sahrif Thru. C/M Of Dargah Sharif Bahraich By Chairman Baqaullah And 5 Others Vs. State Of U.P. Thru .Addl. Chief Secy. Deptt. Home Lko. And Another
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