Recently, the Allahabad High Court overturned the Bareilly district administration's decision to deny permission for a Sufi religious gathering. The court expressed concerns about the reasoning behind the refusal.
Devotees of the late Hazrat Shah Mohammad Saqlain Miyan Huzoor, a respected Sufi scholar who passed away last year, had requested authorization to hold a commemorative event on October 8 and 9, 2024. However, the administration rejected the request, citing fears of large crowds, potential conflicts between religious groups, and the proximity to the Hindu festival of Navratri as reasons for the denial.
The bench of Justices Saumitra Dayal Singh & Vipin Chandra Dixit observed that "...the observance of Urs would not be a new practice amongst the Sufis...merely because that Urs observance would coincide with a religious festival, may also not be a ground to deny the believers or followers of Hazrat Shah Mohammad Saqlain Miyan Huzoor their right to observe their religious practice, during that period, in accordance with the law".
The order was issued in response to an urgent petition from Aastan-E-Aaliyah Saqlainiya Sharafatiya. The petitioners, who manage the dargah of a deceased Sufi scholar, had made multiple requests to obtain permission to observe the first Urs of the scholar. However, the district authorities denied these requests for several reasons.
The main concerns raised by the authorities included the potential for large crowds, the risk of confrontations between different religious groups, and the timing of the Urs, which coincided with the Navratri and Durga Puja festivities, expected to draw significant numbers of attendees.
Additionally, the authorities cited objections from both Hindu and Muslim organizations, arguing that permitting the event could lead to new religious practices that might escalate tensions in the future.
The administration also expressed worries that the gathering could disrupt students at the Islamia Inter College, the designated venue for the event, despite the college having issued a No Objection Certificate to the petitioners.
In response, Aastan-E-Aaliyah Saqlainiya Sharafatiya contended that the Urs was a traditional and well-established practice among Sufi followers. They assured the court that the event would not include processions or loud music—specific concerns raised by the district administration. They further emphasized that the gathering would be limited to the college's 20-acre grounds, ensuring no disruption to public roads or other religious activities, such as Durga Puja or Ramleela.
After considering both arguments, the high court noted that the district administration's decision seemed to have been made hastily, denying the petitioners a fair opportunity to address the objections. The court pointed out that the administration had not shared specific complaints with the petitioners or allowed them to respond to the concerns raised.
Due to these procedural shortcomings, the court annulled the district administration's order and instructed the City Magistrate of Bareilly to re-evaluate the petitioners' request. The court mandated that the Magistrate provide the petitioners with any objections by October 6, 2024, allowing them to respond and present their undertakings. The court emphasized the need for a fair hearing and directed the authorities to issue a reasoned order by 6 p.m. on the same day.
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