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IN THE HIGH COURT AT CALCUTTA
Jay Sengupta, J.
Visha Hindu Parishad – Petitioner
Versus
State of West Bengal and others – Respondents
WPA 11134 of 2024
Decided On : 19-04-2024
Religious Rally - Permission for 'Ram Navami Shova Yatra' - The court allowed the petitioner to hold the religious rally on April 21, 2024, subject to certain conditions.
Fact of the Case:
The petitioner, a registered religious society, sought permission to hold a 'Ram Navami Shova Yatra' in Kolkata on April 21, 2024, but the police authorities initially rejected the request and permitted the rally on the next day, which was not feasible for the petitioner.
Finding of the Court:
The court found that the date chosen by the petitioner had religious significance, and it would be more convenient to allow the rally on April 21, 2024, as it was a Sunday with less traffic pressure and after the conclusion of examinations. The court emphasized the right of every citizen to express their faith, subject to reasonable restrictions, and allowed the rally on the specified date with certain conditions.
Issues: The main issue was the petitioner's request for permission to hold a religious rally on a specific date, which was initially rejected by the police authorities.
Ratio Decidendi: The court considered the religious significance of the chosen date, the convenience of holding the rally on a Sunday after the conclusion of examinations, and the right of citizens to express their faith. The court also imposed certain conditions to ensure the peaceful conduct of the rally.
Final Decision: The court allowed the petitioner to hold the religious rally on April 21, 2024, between 6 pm and 8 pm, subject to specific conditions outlined by the court.
JUDGMENT :
Jay Sengupta, J:
1. This is an application praying for direction upon the respondents to allow ‘Ram Navami Shova Yatra’ in its usual route in Kolkata on April 21, 2024.
2. Affidavit of service filed in Court is taken on record.
3. Learned senior counsel appearing for the petitioner submits as follows. The petitioner is a registered religious society, which arranges and performs various religious activities and rituals for the masses. In order to celebrate “Ram Navami”, the petitioner decided to take out a rally on April 21, 2024. Although “Ram Navami” was celebrated on April 17, 2024, there were important religious activities to be performed on that day. So, a decision was taken to take out a rally on the immediate following Sunday. About 800-1000 devotees would participate in the Shovayatra. The route will be from Garia More to Baghajatin to Sulekha to Jadavpur Police Station and after making an U turn towards Jadavpur Super Market and then the procession will end at 8B, Bus Stand. An application was made on April 15, 2024 by e-mail. A hard copy of the application was served upon the local police station in the morning of April 16, 2024. However, the police authorities rejected the petitioner’s prayer to hold the shovayatra on April 21, 2024 and on April 16, 2024 at about 8.36 pm permitted the petitioner to hold a rally on the next day i.e., on April 17, 2024. It was too short a time to comply with a notice. The petitioner has been holding such rally since 2016. The petitioner undertakes that the rally would be held peacefully and without display of any arms.
4. Learned Advocate General representing the State submits as follows. The State has objection for the petitioner to hold the rally on April 21, 2024. First, that particular day has no religious significance. More importantly, there is dearth of police personnel because of the ensuing Lok Sabha elections. On April 21, 2024 certain examinations are to be held like UPSC and NDA examinations and some centres would be there on the said route. The examinations will be held till 5 pm. There is also a training programme for polling officers to be held in the morning. In the interest of justice, the petitioner ought to choose another day for holding such rally.
5. It appears that an application for holding the rally on April 21, 2024 was made by the petitioner on 15/16.04.2024, but on 16.04.2024 at about 8.36 pm they were requested to prepone the rally and do it on the next day i.e., on 17.04.2024. This was clearly not possible logistically.
6. Evidently, the procession was in connection with Ram Navami and permission was sought well before 17.04.2024, the date on which it was celebrated.
7. April 21, 2024 is a Sunday. There will be less pressure on the traffic. Examinations that are to be held would admittedly be over by 5 pm. Therefore, it will be more convenient to allow the rally on that very day from 6 pm or so instead of on any other day.
8. Every citizen has a right to express himself or practice his own faith, albeit, subject to the reasonable restrictions and a number of similar rallies have been allowed to be held.
9. Therefore, I do not find any reason not to allow the petitioner to hold the religious rally on April 21, 2024.
10. Let the rally be held by the petitioner on the said route on April 21, 2024 between 6 pm and 8 pm, however, subject to the following conditions:
(2) The organisers shall nominate 5 persons from amongst themselves who shall be held responsible for conducting the procession.
(3) No vehicles shall be permitted in the said procession except for the one, which would carry the tableau and the idol of Lord Rama.
(4) The participants shall not carry or brandish any arms or weapons.
(5) The participants and the organisers shall not use any foul lang
The central legal point established in the judgment is the right of every citizen to express their faith, subject to reasonable restrictions, and the court's authority to impose conditions to ensure ....
Balancing the right to practice religion with reasonable restrictions based on law and order concerns and the manageable number of participants.
The right to practice religion subject to reasonable restrictions, acknowledgment of State's concerns, imposition of specific conditions for peaceful conduct.
The right to conduct processions or hold public meetings can be regulated in the interest of all, but must not be abridged or denied. Religious processions cannot be prohibited or curtailed solely ba....
The court emphasized that while the police cannot restrict religious processions arbitrarily, concerns about potential law and order issues can justify such restrictions, especially in cases motivate....
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