The Delhi High Court said past incidents should not stop religious events like the Hanuman Jayanti procession in Jahangirpuri. It asked Delhi Police to take a fair decision on giving permission.
New Delhi: The Delhi High Court stated that past incidents should not automatically prevent the organization of events related to established religious practices and has urged the Delhi Police to decide on permitting a Hanuman Jayanti procession in Jahangirpuri.
Justice Sachin Datta addressed a plea concerning the police’s denial of permission for the procession scheduled for April 12.
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The court remarked,
“Respondents are directed to endeavour to consider the said application and take an appropriate and timely decision. The authorities may bear in mind that occurrence of an untoward incident in the year 2022, cannot necessarily preclude holding of processions on religious occasions, as per the prevalent practice in the previous years,”
In April 2022, violent clashes erupted in Jahangirpuri during a Hanuman Jayanti procession, resulting in injuries to eight police officers and a civilian. Following this incident, the police cited the “volatile and uncertain situation” in the area as the reason for denying permission for a shobha yatra.
In its order dated April 9, the court expressed that it was not inclined to challenge the police’s decision regarding the law and order situation but urged senior police officials to promptly evaluate the request for a “limited procession” using an alternative route.
It added,
“It is incumbent on the respondents/police authorities to make adequate security arrangements for the said purpose. Let the matter be suitably examined by the senior officials of the Delhi Police and an appropriate decision be taken and communicated to the petitioner, prior to the date on which the procession is proposed to be held,”
The petitioner, who has been organizing the Hanuman Jayanti procession since 2010, noted that approval has been denied since 2019.
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The plea contended that a specific route could be planned for a limited procession, addressing the police’s concerns regarding maintaining law and order in the area.
The court instructed the petitioner to submit a new application to the authorities for the procession on April 12, clearly detailing its route and duration.
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.
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.
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3. Police Act, 1861 and Delhi Police Act, 1978
These laws empower the police to manage public gatherings and processions in order to ensure peace and order. While authorities can set conditions and require prior permission for such events, they are not permitted to reject applications outright unless there is a substantiated risk to public safety.
In the case of Jahangirpuri, the Delhi High Court likely weighed constitutional freedoms against concerns of public safety and concluded that previous incidents should not automatically bar religious processions, assuming proper security measures are implemented.