The Citizens for Injustice and Peace filed a petition before the Supreme Court's division bench on Friday, asking for the issuance of a mandamus to regulate all processions, including religious processions, and to issue Standard Operating Procedure for granting permission for such processions. The petition was dismissed.
"The reliefs which are being sought by the petitioners invoking the jurisdiction under A. 32 of the Constitution are not capable of being dealt with by the application of judicially manageable standards. The petition seeks issuance of a roving writ of mandamus by this Court. That apart, the subject of law and order falls under the ambit of the State."
Law and order are a matter for the State, according to the CJI, and the Court has no right to meddle. The CJI believed that the States are qualified to determine the approach appropriate for their individual jurisdiction in light of the variety that exists in the nation.
"The country is diverse. The conditions which prevail in a particular district are very different from those prevalent in other districts of the same State. The States are entrusted with the power to regulate the districts in their own jurisdiction."
The CJI added that people have the right to file a case with the High Court under Article 226 of the Constitution if permission criteria were broken.
While there are some advisories given by the States and Ministry of Home Affairs, they are not being implemented by the authorities, according to Senior Advocate Mr. C.U. Singh who was speaking on behalf of the petitioner. The petitioner was upset because regulations regarding obtaining permission for processions also exist in the CrPC and the Police Manual but are not put into practise. Mr. Singh continued: "The authorities are abdicating their functions entirely, so the court has to step in .Otherwise during this festival season your lordships will see there are a series of riots."
Mr. Singh claimed that people frequently carry guns during Shobha Yatras and religious processions. He mentioned several regrettable events like violence in the Shobha Yatras that happened recently.
"Today people are holding processions brandishing weapons, swords, firearms etc. It is happening during the religious festival season."
Case Title: Citizens For Injustice And Peace v. UoI And Anr.
Diary No. 14630/2022
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