IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA

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ON THE 16 OF DECEMBER, 2025 WRIT PETITION No. 47937 of 2025 BAJARANG DAL(RANI DURGAVATI JILA)

Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Ashok Lalwani - Senior Advocate with Shri Guru Prasanna Singh Parihar - Advocate for petitioner.

Shri A.S. Baghel - Government Advocate for respondents/State.

ORDER Learned counsel for the petitioner has brought on record along with an application a resolution dated 06.12.2025 authorizing the petitioner to file the petition.

2. Present petition has been filed assailing the order dated

01.12.2025 passed by the respondent No.4 whereby an application filed by the petitioner seeking permission to hold Sourya Yatra on the eve of Gita Jayanti has been refused.

3. It is the case of the petitioner that Mahakaushal Vishwa Hindu Parishad is a registered Society under the Societies Registration Adhiniyam, 1973 bearing registration no.13914. Bajrang Dal is a Hindutva organization that forms the youth wing of the Vishva Hindu Parishad (VHP). It is a member of the Sangh Parivar led by the Rashtriya Swayamsevak Sangh (RSS), a right-wing of Hindutva organization. It was founded on 1st October, 1984 in Uttar Pradesh. The Vishwa Hindu Parishad (VHP) and its youth wing, the Bajrang Dal, organize "Shaurya Yatras" with the objectives of promoting Hindu values, history and patriotism among youth and educating youth and rural citizens about Hindu history, culture, traditions, and "Sanatan Dharma". Moreover, having an object by engaging and inspiring young people to devote themselves to the nation and "Dharma." Gita Jayanti being the Hindu festival commemorating the birth of the Bhagavad Gita, which marks as a day that Lord Krishna imparted its teachings to Arjuna on the battlefield of Kurukshetra. It is celebrated on the Shukla Ekadashi (11th day of the waxing moon). The day is observed by reciting the Bhagavad Gita, engaging in devotional method to discourses on its philosophy. The petitioner has decided to hold a "Shaurya Yatra" on 4th of December, 2025 in Jabalpur for which the route chart of Shaurya Yatra has been mentioned in the application seeking permission pointing out that yatra will begin from Gohalpur Chowk, pass through Hanuman Temple, Motinala, Fish Market, Budhi Khermaai Temple, Charkhamba and conclude at Milauniganj, Chhote Phuhara, Damoh Naka, and Gohalpur. The application was filed before the Sub Divisional Magistrate and the concerned SHO for seeking permission to hold the yatra. The respondent No.4 rejected the application taking in view sanctity of law order situation in terms of Section 30 of the Police Act, 1961.

Therefore, this petition is filed.

4. It is argued that Sub-section 2 of Section 30 of the Police Act, 1961 provides only regulatory powers and there cannot be any blanket order to hinder a democratic dissent to be shown by any citizen. The petitioner are having fundamental rights to freedom of Religion under Articles 25 and 26 of the Constitution of India and also right to assemble peacefully under Article 19(1)(b) of the Constitution of India. The permission for holding a yatra cannot be denied on the ground that there appears to be a law order situation. The administrative authorities are duty bound to maintain law and order situation and just to avoid themselves from holding their duties, taking aid of Section 30 of the Police Act, 1961 the application for holding a yatra has been rejected. No sufficient reasons are assigned in the impugned order. He has placed reliance upon a judgment passed by the High Court of Madras in the case of K. Chinnakaruppan vs. The Superintendent of Police and others (W.P.No.18165 of 2014) as well as the judgment passed by the Division Bench of the High Court of Madras in the case in Ramasamy Udayar vs. The District Collector and others reported in 2021 SCC Online Madras 1779 with reference to para 34. Therefore, he has prayed for quashment of the i