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Judgment
This Writ Petition is filed seeking the following relief:
“ …. To issue a proper writ order or orders, particularly one in the nature of writ of mandamus declaring the action of the respondent NO.2 in not granting permission and consequential No Objection Certificate by the respondent No.3 and providing Veterinary Doctor by the respondent No.4 for conducting the process of Giarhveen Shareef of Hazrath Ghouse-e-Azam Dastagir (Reh.) which carries the Holy Flag (Jhanda Mubarak) Nishan-E-Ghouse-E-Paak) which is going to be scheduled on 10.08.2022 and other activities while granting the same to other processions like Bonalu and Moharrum is arbitrary, illegal and discriminative which effects the fundamental right under Article 14 of the Constitution of India and consequently, issue a direction to the respondents to consider for granting permission to the petitioner society including consequential permissions….”
Sri M. Rama Rao, learned counsel for the petitioner submits that the petitioner Society made an Application to the 3rd respondent on 23.07.2022 seeking permission for conducting procession of Gyarveen Shareef of Hazrath Ghouse-E-Azam Dastagir (REH) which carries the holy flag (Jhanda Mubarak) Nishan-E-Ghouse-E-Paak which is going to be scheduled on 10.08.2022. He submits that as the Forest Department failed to provide elephant, the petitioner has hired it from Karnataka by paying Rs. 6 lacs and the police failed to grant permission in favour of the petitioner to take procession. He submits that the petitioner has been granted permission from a very long time. Learned counsel has filed the proceedings from 1995 and submits that now for the reasons best known to them, though the event is scheduled to be held on 10.08.2022, so far, the police have not granted permission. Hence, the petitioner has come up before this Court.
Sri Srikanth Reddy, learned Government Pleader for Home, on instructions, submits that the petitioner Society relates to Sunni community and the procession which is proposed is a festival of Sunni Community which is not performed in the month of Moharram and Moharram days are not festive days and they are generally mourning days of Shia community people, they perform Matham to their God to offer their condolence but the petitioner made an Application for celebrating the festival. It is submitted that pursuant to the orders passed by this Court, the Commissioner of Police has issued a Circular dated 29.05.2022 and last year, some untoward incident has happened and a crime is registered, the respondent police have resolved not to grant permission to the petitioner.
Learned Government Pleader for Forest Smt. D. Pramada submits that even for getting elephant from outside the State, no objection from police as well as Forest Department is required. She submits that for getting elephant from outside and for taking the procession, at that time also, support of the veterinary doctor and other support is required to control the situation. She passed on the instructions which reads as under:
“ In this regard, it is informed that, the applicant has requested this office for issuing NOC to bring the private Elephant by name, Madhuri from Maharashtra for the procession on 10th and 11th August 2022 for Gyarveen Shareef of Hazrath Ghouse-E-Azam, Dastair on 23.07.2022.
Accordingly, on 29.07.2022 the applicant was requested to submit 1) copy of the police permission and 2) consent letter from Veterinary Doctor for accompanying the elephant during procession along with traquilizing equipment which are mandatory for issuing NOC by CWLW. But the same copies were not submitted by the applicant and approached the Hon’ble High Court.”
It is not in dispute that so far, no orders are passed by the respondents on the representations of the petitioner. Even in the Circular issued by the Commissioner, it has been categorically mentioned that the Application seeking permission shall be disposed of within 2-3 days but for the reasons best known to the Commissioner / Deputy Commissioner, they have not passed any orders even after lapse of ten days. This Court at this stage cannot exercise the discretion and pass an order directing the respondents to grant permission basing on the legitimate expectation as submitted by the learned counsel for the petitioner.
Article 25(1) guarantees to every person freedom of conscience and the right to freely profess, practice and propagate any religion. The right to freedom of religion is subject to restrictions which may be imposed by the State on the grounds of
Public order, morality and health
Other provisions of part III of the Constitution.
Regulating non-religious activity associated with religious practice.
Social welfare and reform; and
Throwing open Hindu religious institutions of public character to all classes of Hindus
Though the Constitution guarantees freedom of conscience and religious belief but the individual right can never override the public interest. When there is a conflict between personal interest and the interest of society at large, the societal interest always prevails over the personal interest. The State has got the power to regulate these processions or religious activities for upkeep and maintenance of law and order.
The Writ Petition is therefore, disposed of directing the respondents to pass appropriate orders on the Application of the petitioner dated 23.07.2022 today itself and shall communicate the copy of the order to the petitioner today. There shall be no order as to costs.
Consequently, the miscellaneous Applications, if any shall stand closed.