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Synopsis

While observing that tenor of the posters introduced indicated that the event in question could have communal overtones, the Delhi High Court on Wednesday "refused" to grant permission for organizing a public meeting (All India Muslim Mahapanchayat) of around 10,000 people at Ramlila Ground on October 29.

The Delhi Police had revoked consent, calling the proposed event “communal”.

The bench of Justice Subramonium Prasad said that though the purpose of the event is to educate the people about their rights, the tenor of the posters introduced indicated that the event in question "could" have communal overtones, which could result in an increase of communal tension in old Delhi area, which was a sensitive area as people of different religions live there.

Court noted that the entire country celebrates Navratri from October 15, 2023, to October 24, 2023, and Diwali will be celebrated on November 12, 2023. In between, there are other festivals like Karvachauth, Dhanteras, etc. The period from the end of Shradha to Diwali is extremely auspicious for the Hindu community in India.

"Communal violence in the area is not unknown", it added.

"Though Article 19(1)a and 19(1)b of the Constitution of India give freedom to raise one's voice, the possibility of it creating law and order situations that can result in loss of life, property, etc. cannot be ignored. Therefore, the reason given by the Delhi Police cannot be said to be 'arbitrary'," it said.

"In view of the above, the letter dated October 16, 2023... does not require interference from this court. However, after the festive season is over, it is always open for the petitioner organization to approach the authorities with fresh permission by giving a list of speakers and the assurance to the authorities that the event will not raise communal tension therein. The respondent is directed to consider such an application in the future", the court ordered.

Notably, the court on October 20 reserved order in the plea. 

The organization claimed to be working to create awareness among the masses about their constitutional rights.

Petitioner Organization ‘Mission Save Constitution’ stated that after a series of meetings with officials of the Delhi Police and taking several clearances, the organization was granted permission for the meeting on October 29. Later, the deputy commissioner of police (DCP) of Central Delhi district “unilaterally, in an arbitrary manner,” revoked the permission, the plea said.

The plea stated that the petitioner would initiate a series of events for strengthening all weaker sections, beginning with minority communities followed by other communities like SC, ST, and OBC, and that in the meetings/panchayat voice of all the oppressed would be raised. This series is to be started with an event on October 29.

The petition sought a direction for calling for the October 16 letter issued by the DCP (Central) and set it aside. It also sought a direction to the authorities to permit the organization to hold the event scheduled for October 29.

While canceling the permission earlier granted for holding the meeting, the letter issued by the DCP said that in view of representations from public persons, the matter had been re-assessed, and it had surfaced that the theme of the event was different from what was projected by the organizer.

“The course of re-assessment has further disclosed that the language written on the posters available on social media regarding the rally shows that the agenda of the event appears to be communal. There is strong apprehension that holding such an event during the festive season in such a sensitive place may spread communal hatred and dent the peace and tranquility of the area,” the letter said.

It added that amidst “tension in the Arab countries due to the ongoing war between Israel and Hamas”, such a meeting may lead to a law-and-order situation and spoil the atmosphere of Old Delhi, where mixed populations live together. The letter also said that keeping in view the concealment of facts by the organizer about the nature of the meeting or event, the permission was revoked and cancelled with immediate effect in the interest of the law and order of the area.

The respondents made “unfounded allegations and have given unreasonable and irrelevant grounds for cancellation of the permission,” the petition stated.

The plea further stated that the organization, whose national convenor is Advocate Mehmood Pracha, works to enlighten and create awareness among the masses, especially the depressed classes, about their rights as enshrined in the Constitution of India and for utilizing the constitutional and legal provisions for alleviation of the distress and suffering of such classes.

Case Title: Mission Save Constitution v. Union of India & Ors.