P.C. :-

PLEADINGS IN BRIEF

1. The Petitioner claims to be the Coordinator of an

organization known as ‘Sakal Hindu Samaj’. He further claims that

the organization has been formed for integrating every section

and/or caste of the Hindu society, which, to some extent, is divided

in the name of caste and creed and, therefore, the Sakal Hindu

Samaj has an avowed object of unifying all sections of those who

believe in Sanatan Dharma and bring them together as Hindus.

2. There are several further averments made in the

Petition which need not be reproduced in our order considering the

issue raised before us.

3. Suffice it to say that the Sakal Hindu Samaj has

organized a function on the occasion of “Gudhi Padwa” on 30th

March, 2025, at 6.00 pm. According to the publicity pamphlet,

Sadhavi Pradnyasingh Thakur is being felicitated with the “Hindu

Veer Puraskar”. The Chief Speakers are H.B.P. Sangram Bapu

Bhandare and Milindji Ekbote. The few more Speakers in the said

function are Swami Bharatanand Saraswati Maharaj and Jain Saint

Nilesh Munee Maharaj. The venue of the function is ‘Yashshree

Compound’, Satana Naka, Malegaon, District Nashik.

4. Sakal Hindu Samaj, Malegaon is the organizer. Hence,

an Application was moved on 18th February, 2025 to the Tehsildar of

Malegaon by the Petitioner, who claims to be representing the Sakal

Hindu Samaj, for seeking permission to organize the ‘Viraat Hindu

Sant Sammelan’.

SUBMISSIONS

5. This Petition is filed for seeking directions to the

Competent Authority to allow the application of the Petitioner, dated

17th February, 2025 and grant the permission for convening the said

Sammelan and to erect play cards, flex boards, hoardings, banners

for the said function which is timed in between 6.00 pm to 10.00

pm, on 30th March, 2025.

6. After this Petition was lodged, on 25th March, 2025, the

Executive Magistrate-cum-Tehsildar, Malegaon issued a

communication to the present Petitioner informing him that a report

was received from the Police Inspector, Chhavani Police Station and

an opinion was expressed that the proposed gathering is likely to

create a law and order situation. An opinion was expressed that the

permission should not be granted. Hence, the permission has been

refused. A photostat copy of the said communication and the report,

is tendered across the bar, which is collectively marked as ‘X-1’ for

identification.

7. The learned Government Pleader has tendered a

compilation of six documents, which is taken on record and

collectively marked as ‘X-2’ for identification. Page one of the

compilation is a report from the District Superintendent of Police,

Nashik Rural, addressed to the Director General of Police, State of

Maharashtra, Mumbai. It is set out in the said report that some of

the Speakers are prone to making inflammatory speeches which are

likely to hurt the feelings and sentiments of people belonging to

different religions. It is also mentioned that the person who is to be

honoured in the said gathering, namely, Sadhvi Pradnyasingh

Thakur, is an Accused in the bomb blasts that took place in

Malegaon in 2008. Considering the present situation at Nagpur and

the burial ground of Aurangzeb, the law and order situation is likely

to be seriously affected by such congregation.

8. It is further contended that Gudhi Padva is to be

celebrated on 30th March, 2025 and Ramzan Eid would be

celebrated on 31st March, 2025. This would be followed by some

other religious occasions in the month of April, 2025. If the

permission is granted to the Sakal Hindu Samaj, religious feelings

of people belonging to different religions are likely to be affected.

Inflammatory speeches by the Speakers would create a law and

order situation. The compilation ‘X-2’ also contains a report from

the Police Inspector, Chhavani Police Station addressed to the

Tehsildar, Malegaon wherein the names of the some of the Speakers

have been mentioned and it is ascribed to them that they are prone

to making inflammatory statements. Various offences registered

against some of the Speak