Today, On 11th April, The Calcutta High Court refused to allow a Hanuman Chalisa recital at Red Road, saying the petitioner must prove the right to hold such an event at a public place.
Kolkata: The Calcutta High Court on Friday denied an interim order allowing a group called Hindu Sewa Dal (the petitioner) to hold a Hanuman Chalisa recital on Red Road in Kolkata for Hanuman Jayanti on April 12.
The Hanuman Chalisa is a poem dedicated to Lord Hanuman, praising his virtues and bravery.
The petitioner approached the court after the police refused permission for the recital, which was planned to start at 5 AM with around 3,000 participants.
Justice Tirthankar Ghosh noted that when someone claims the right to hold a religious event in a public place for the first time, that right must be proven in court if permission is denied by the administration.
He said,
“Why is Red Road being used? Custom, culture? I have got no issues, but you have to establish rights… I don’t accept this, file your affidavits. I will not listen to the police also creating ground for stupid reasons,”
The court emphasized that this issue cannot be resolved without exchanging affidavits. It directed both parties to file affidavits but did not grant any interim relief.
During the hearing, the petitioner argued that April 12 is Lord Hanuman’s birth anniversary, making it an important religious day for the event. They pointed out that similar events, like the annual Durga Puja festival, are allowed on the same road without any police objections.
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The petitioner also mentioned that the venue is army-owned and that they have already obtained the necessary permissions.
To this, the court remarked,
“Establishment has to be there. Your contention is because other community was allowed therefore you must be given permission as well… establish your rights.”
The counsel replied.
“They can give to some other person but they can’t give to us,”
The court responded,
“Again you are saying the same reason,”
The petitioner further argued that the police’s role is to maintain law and order, and since the program is set for 5 AM to 11 AM, it is unlikely to cause any disruption.
In contrast, the state argued that for a first-time event at a public venue, the petitioner must show a right to hold such a gathering. They added that unless the location has special religious significance, no one can claim access to a public venue as a matter of right.
Considering all the arguments, the court declined the interim request to hold the event on Red Road on April 12.
Here are some important legal points that apply in such cases,
1. Article 25 – Right to Freedom of Religion
Article 25 of the Indian Constitution ensures that every individual has the freedom to profess, practice, and spread their religion. This right, however, is subject to considerations of public order, morality, and health. Religious activities such as Shobha Yatras are typically covered under this constitutional protection.
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2. Article 19(1)(b) and 19(1)(d) – Right to Assemble and Move Freely
Under Article 19(1)(b), citizens have the right to assemble peacefully without arms, while Article 19(1)(d) grants them the freedom to move throughout India. These provisions support lawful and peaceful religious gatherings and processions.
Nevertheless, Article 19(3) allows the State to impose reasonable limitations on these rights in the interest of maintaining public order, the sovereignty of the nation, and its integrity.
3. Police Act, 1861 and Local Police Regulations (West Bengal)
- Police have authority to grant or deny permission for public events, especially in sensitive or high-traffic areas like Red Road.
- They can deny permission if they believe the event may affect traffic, law and order, or general public safety.