In a recent ruling, the Allahabad High Court reaffirmed the responsibility of state authorities to maintain peace and order during peaceful processions.

This principle, upheld in numerous judgments by both the Supreme Court and High Court, was reiterated while addressing a writ petition filed by Khidmate Khalq Educational Welfare Society. The petition sought permission to hold an Eid Milad-un-Nabi (Barawafat) procession on September 16-17, 2024.

The petitioners invoked Article 226 of the Constitution, requesting a writ of mandamus to direct authorities to allow the procession either along its traditional route or an alternative path.

However, the bench, comprising Justices Shekhar B. Saraf and Manjive Shukla, noted that the petitioners had not contested any specific order but merely sought permission for the event. Consequently, this did not present a clear basis for judicial intervention.

The petitioners later submitted an amendment application, challenging an order issued by the Sub Divisional Magistrate (SDM) of Najibabad, dated August 8, 2024, which had denied permission for the procession. The court reviewed and accepted the amendment, instructing the petitioners to revise their prayer clause accordingly.

During the proceedings, the court observed that the petitioners had not provided evidence of any prior processions. Although permission had been granted in 2022, it was subsequently withdrawn due to local objections, and there were no records of similar requests in 2023.

The court directed the SDM to issue a reasoned order regarding the procession by September 15, 2024, ensuring that security and public tranquility would not be jeopardized. While emphasizing that peaceful processions are a constitutional right, the court underscored the state's duty to prevent disruptions to public order.

If permission is granted, the SDM will regulate the event by controlling the number of participants, determining the time and route, and ensuring that no weapons are carried during the procession. With these directives, the court concluded and disposed of the writ petition.

Case Title: Khidmate Khalq Educational Welfare Society & Another v. State of U.P. & Other