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Synopsis

In a Public Interest Litigation (PIL) seeking proper preventive arrangements across the state of Gujarat to avoid communal violence during celebrations on Eid and Parshuram Jayanti, which fall on the same day this year, the Superintendent of Police (Law and Order) has recently informed the Gujarat High Court that authorities have identified sensitive places and worked out a plan to reinforce the forces by deploying contingents of State Reserve Police Force (SRPF).

The bench of Acting Chief Justice AJ Desai and Justice Biren Vaishnav was hearing a plea filed by one Azajkhan Hamidkhan Pathan under Articles 14, 16, 19, 21, 25, and 226 of the Constitution of India, requesting the court to direct the respondent state authorities to take appropriate steps to ensure peace during religious celebrations across the State. 

The petitioner had stated that during religious festivals, people who follow different religions take out processions etc, which may cause various types of conflicts such as communal violence or religious rioting, therefore, preventive measures need to be made before the celebrations start. 

In response to the PIL plea, the Superintendent of Police (Law and Order), Gujarat filed an affidavit on April 20, 2023, informing the high court that sufficient steps have been taken by the authorities to avoid any communal disturbance.

The affidavit stated that the state authorities are aware of all the festivals which are being celebrated throughout the year by the people following different religions and therefore all the police stations have been informed to take precautionary measures.

The state authorities are deploying not only local police, but, they are taking assistance from the State Reserve Police Force (SRPF) and the same helps to keep peace during such festivals, the affidavit submitted. 

The Government Pleader, on the basis of the said affidavit, further informed the court that the places of congregations has also been earmarked and even monitoring the social platforms with the help of cyber crime police stations has also been undertaken.

Body Worn Cameras would be issued to the concerned officers and additional videographers have also been permitted at the concerned police stations where such festivals are celebrated and processions or congregations in the streets in the respective city and towns, the Government Pleader submitted. 

Furthermore, the Government Pleader assured the court that the state authorities shall keep the force vigilant throughout the processions and more particularly when the processions are taken out in the streets of the city or town.

The division bench found the action taken by the state authorities satisfactory. "However, we are sure that the State Authorities shall continue to issue similar type of instructions...in all such festivals," the bench added while disposing of the plea. 

Case Title: AZAJKHAN HAMIDKHAN PATHAN Versus STATE OF GUJARAT