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2025 Supreme(All) 3008
IN THE HIGH COURT OF ALLAHABAD LUCKNOW BENCH
Attau Rahman Masoodi, Subhash Vidyarthi JJ.
Waqf No.19 Dahgah Sahrif Thru. C/M Of Dargah Sharif Bahraich By Chairman Baqaullah - Appellant
Versus
State Of U.P. Thru .Addl. Chief Secy. Deptt. Home Lko. And Another – Respondent
WRIT - C No. - 4426 of 2025, PUBLIC INTEREST LITIGATION (PIL) No. - 458 of 2025, 463 of 2025
Decided On : 17-07-2025
Advocate Appeared:
For the Appellant : Lalta Prasad Misra,Syed Husain, Alok Kr. Misra, Akram Azad, Sayyed Farooq Ahmad,Syed Mehfuzur Rehman,Vinod Kumar Yadav
For the Respondent: C.S.C., Farhan Habib
State cannot deny permission for cultural and religious events based on trivial grounds; fundamental rights to practice faith must be upheld unless posed with genuine threats to public order or security.
Headnote:(A) Constitution of India - Articles 14, 21, 25, 26, 29 - Public Interest Litigation - Challenge to the order of District Magistrate declining permission for organizing Jeth Mela at Dargah Sharif - Petitioners highlight the socio-cultural importance of the Mela and alleged violation of fundamental rights. (Paras 1, 9, 10)
(B) Rights of Citizens - Importance of cultural practices in a secular state upheld - denial of permission for Jeth Mela viewed as discriminatory, infringing the right to freedom of conscience - Previous years’ arrangements noted, and the significance of Jeth Mela for various communities stressed. (Paras 3, 10, 19)
Facts of the case:
The appellant sought permission for the Annual Jeth Mela, significant for local economic upliftment and interfaith harmony. The District Magistrate denied permission citing security concerns amidst political pressures (Paras 4, 6, 8).
Findings of Court:
The court noted that the State’s refusal to allow the Mela was arbitrary, preserving the potential for cultural practices to proceed with necessary security measures in place (Paras 24-30).
Issues: Whether the District Magistrate's decision was justified based on security concerns and the potential breach of peace versus the petitioners’ right to celebrate their religious and cultural practices (Paras 9, 24).
Ratio Decidendi: The court emphasized that trivial grounds should not obstruct religious practices unless they threaten public order or state security, recognizing the long-standing cultural significance of such events (Paras 24, 30).
Result: Writ petitions disposed of with observations granting tacit permission for cultural practices under the interim arrangement.
| Table of Content |
|---|
| 1. challenge to permission denial for religious event (Para 1 , 2 , 3) |
| 2. historical significance of the dargah events (Para 4 , 5 , 6 , 7) |
| 3. discriminatory denial impacts marginalized communities (Para 10 , 12) |
| 4. petitioners argue violation of fundamental rights (Para 18 , 19) |
| 5. state's claim on non-essential part of religious practices (Para 20 , 21) |
| 6. protection of ritual practices balancing public order (Para 23 , 24 , 25) |
| 7. management responsibilities of the dargah committee (Para 26 , 27 , 28) |
| 8. judgment disposition and affirmation of rituals (Para 29 , 30 , 31) |
JUDGMENT :
Per Attau Rahman Masoodi, J.
(1) Writ-C No. 4426 of 2025 has been filed by Waqf No. 19, Dargah Sharif, Bahraich, through its Committee of Management, jointly with the Committee of Management of Dargah Sharif and four private individuals, challenging the validity of an order dated 26.04.2025 passed by the District Magistrate, Bahraich declining permission for organizing the Annual Jeth Mela - 2025 at Dargah Syed Salaar Masood Ghazi (RA), Bahraich. The petitioners have sought a Writ of Mandamus commanding the opposite parties to co-operate and co-ordinate in organizing the Jeth Mela - 2025 starting from 15.05.2025 and ending on 15.06.2025 and not to create any hindrance in holding the Annual Jeth Mela by the Management of Dargah Sharif, Bahraich and also not create any hindrance in visit of devotees of Dargah Sharif, Bahraich.
(2) P.I.L. No. 458 of 2025 has been filed by five individual petitioners and P.I.L. No. 463 of 2025 has been filed by six individual petitioners substantially seeking the same relief.
(3) As common questions have been raised by all the petitioners of the three writ petitions, all the three Writ Petitions are being decided by this common judgment.
(4) The petitioners in Writ-C No. 4426 of 2025 have pleaded that the Dargah Sharif, Bahraich exists since time immemorial over the Mazar of Syed Salaar Masood Ghazi (RA). An annual Urs is organized every year in the month of Basant, i.e., around February and the Jeth Mela is organized in the month of Jeth, i.e., May/June. Lakhs of people from across the country attend the annual Urs and the Jeth Mela which not only had a leaning of faith and spiritual significance, but also provides an economic boost to the local people across the caste, creed and religion and it gives a boost to the national harmony besides economic upliftment for the local traders. The ‘Urs’ and ‘Jeth Mela’ are organized by the management of Dargah Sharif with co-ordination and co-operation of the District Administration over the large premises of Dargah Sharif with a large chunk of its open land.
(5) On 01.04.1987, a Government Order was issued providing that the expenditure incurred in deployment of police and making sanitation arrangements in annual Urs/Mela of five Dargahs, including Syed Salaar Masood Ghazi (RA), Bahraich, be not recovered from the concerned waqf. The management of the Dargah Sharif allots land during Annual Jeth Mela to shopkeepers for putting up temporary shops and also for means of entertainment such as Circus, Jhulas (swings), Magic Show, Picture show, Nautanki etc.
(6) Every year, meetings are held between the authorities of the District Administration and the Committee of Management of Dargah Sharif for smooth organization of the Jeth Mela. This year also, the Chairman of the Managing Committee of Dargah had sent a letter dated 15.04.2025 to the District Magistrate, Bahraich requesting for calling a meeting for organization of Annual Jeth Mela. A proposed agenda for the meeting was attached with the letter which mentions that the administration is expected to make arrangements for drinking water, cleanliness arrangements with adequate sanitation and lighting arrangements. Baraats (wedding processions) will be taken out during the Mela in which fireworks will be displayed. Adequate arrangements should be made for dealing with any fire accident. The Chief Medical Officer should make arran
