Now Reading: Patna High Court says religious procession right not absolute, rejects plea on Mahabiri Julus restrictions
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Patna High Court says religious procession right not absolute, rejects plea on Mahabiri Julus restrictions
Patna High Court says religious procession right not absolute, rejects plea on Mahabiri Julus restrictions
The Patna High Court has refused to interfere with restrictions on the Mahabiri Julus religious procession in Siwan district, ruling that the right to take out a procession under Articles 19(1)(b) and…
The Patna High Court has refused to interfere with restrictions on the Mahabiri Julus religious procession in Siwan district, ruling that the right to take out a procession under Articles 19(1)(b) and 25 is not absolute and is subject to reasonable restrictions for public order.
Justice Alok Kumar dismissed a petition by a devotee from Akhara No.1 in Hathaura village, who sought permission for 300 participants along the traditional route. The petitioner said that since 1958 a licence was granted annually, but the allowed number was reduced from 200 in 2012 to just five from 2023 onwards, and the route was altered. The state argued that between 1,700 and 2,000 people assembled between 2015 and 2022 despite a limit of five, and that in 2024 the crowd set a government vehicle on fire and pelted stones at police.
The court held that constitutional protection does not extend to every manner of exercising religious rights, and that restrictions depend on the law and order situation when permission is sought. Calling the grievance premature, the court said it could not adjudicate on hypothetical future contingencies, and dismissed the writ petition.
Indian Opinion Analysis
The Patna High Court's ruling restates a settled constitutional position: religious processions are not a blank cheque. The key constraint is public order, which district authorities assess case by case. For Siwan's Mahabiri Julus, the dispute is practical, how many devotees can walk a traditional route without triggering violence. The court kicked the question back to the local administration, meaning the next decision will be based on the law-and-order report at the time of application. The numbers involved, from 300 claimed to 5 permitted, with allegations of 2,000 assembling, show the gap between religious demand and state capacity to manage crowds.
Source: livelaw.in
This story was synthesised by AI from the source linked above.
