Delhi High Court Urges Reconsideration of Hanuman Jayanti Procession Permit.


09 April 2025 Administrative Law >> Constitution & Law Procedure  

In Arvind Mishra v/s The Commissioner Of Police & Others., the Delhi High Court has directed police authorities to reconsider an application for holding a Hanuman Jayanti procession in Jahangirpuri on April 12, 2025, after the initial permission was denied. The petitioner, who has been organizing such processions since 2010, had his application rejected due to a riot that occurred during a Shobha Yatra in the area in 2022.

The petitioner had initially approached the court aggrieved by the delay in processing his application. Following a court directive on April 1, 2025, the Station House Officer (SHO) of PS Jahangirpuri filed a status report, citing the 2022 riots as the reason for denying permission. The report highlighted the violence during the 2022 event, which resulted in gun injuries to a police officer and other public persons. Consequently, no permissions for processions or Shobha Yatras had been granted in the area since then, due to the "volatile and uncertain situation."

 
 

While acknowledging the serious law and order concerns, the High Court emphasized that a past incident, while unfortunate, cannot indefinitely preclude the holding of religious processions as per prevalent practice. The court referenced judgments from the Madras and Calcutta High Courts that frowned upon blanket denials of religious processions based solely on administrative difficulties.

The court noted that the petitioner expressed willingness to propose a limited procession route and duration to address security concerns. The Standing Counsel for the respondents also conceded that an effort should be made to accommodate the petitioner's request, thereby safeguarding his rights under Article 19 of the Constitution of India.

The High Court has now disposed of the petition, granting the petitioner liberty to submit a fresh application detailing the proposed route and duration of the procession. The police authorities are directed to expeditiously consider this new application and communicate their decision before April 12, 2025. The court stressed that senior officials of the Delhi Police should examine the matter carefully and make adequate security arrangements if permission is granted.