The Allahabad High Court has said that merely because that Urs observance would coincide with a religious festival, it may also not be a ground to deny the believers or followers of Hazrat Shah Mohammad Saqlain Miyan Huzoor their right to observe their religious practice, during that period.
The Court set aside the order of the Bareilly district administration in which they refused to allow the followers of “Hazrat Shah Mohammad Saqlain Miyan Huzoor” to celebrate Urs on October 8 and 9.
The Division Bench of Justice Saumitra Dayal Singh and Justice Vipin Chandra Dixit passed this order while hearing a petition filed by Aastan-E-Aaliyah Saqlainiya Sharafatiya and Another.
The Court noted that it is not disputed that Hazrat Shah Mohammad Saqlain Miyan Huzoor, the grandson of Hazrat Shah Sharafat Ali, died on 20.10.2023. He is described as a Sufi scholar who had a substantial following in the region around district Bareilly. His first Urs is to be observed on October 8 and 9, 2024, as per the religious practice prevalent among Sufis.
In view of the fact that a large crowd had attended his burial, the petitioners who are Secretaries of the organisations managing the Dargah of the deceased Sufi scholar applied to the district administration Bareilly, on 09.9.2024 for permission to observe the first Urs of Hazrat Shah Mohammad Saqlain Miyan Huzoor on 8th and 9th October 2024 at the ground of Islamia Inter College, Civil Lines, Bareilly.
On oral query, counsel for the petitioners stated that the area of the said ground is about 20 acres.
Consequently, on 23.9.2024 further application was made by the petitioners seeking permission to observe that Urs on 8th and 9th October 2024. Same has been rejected by order dated 03.10.2024.
Counsel for the petitioners submitted that in the first place Urs is a well accepted practice observed particularly by Sufis. It is observed on the first and other important death anniversaries of Sufi Scholars. As to the date to observe the first Urs of Hazrat Shah Mohammad Saqlain Miyan Huzoor, the same was not optional to the extent, the dates are governed by the religious observances and practices. Insofar as the respondents do not dispute the correctness of the fixation of that date, the observance of Urs on 08th and 09th October, 2024 is unavoidable to the followers of the departed Sufi Scholar.
As to the size of the congregation that may arise, he further submitted that the same would not exceed 80,000-100,000 at any given point in time. Considering the size of the ground which is about 20 acres, the congregation would not spill over beyond the said ground. In fact, precisely for the reason that the congregation/ assembly may not spill over on to the public roads and pathways/ Gullies and such crowd may not assemble in or around the Dargah of the departed scholar, the Urs is proposed to be observed within the confines of the ground of Islamia Inter College.
Counsel for the petitioner also submitted that no specific or credible objection has been received from any organisation, by the district administration. The recital in the impugned order that many objections have been received is imaginary. In any case, the petitioners were never confronted with any objection that may have been received by the district administration.
He said that, since Urs is proposed to be observed within the confines of the 20 acre ground of Islamia Inter College, it may not offer any interference with the observance of Durga Pooja or the conduct of Ramleela or any other religious activity. As to the objection that Juloos/procession would be taken out with loud music, it has been specifically stressed that no Juloos/ procession is proposed to be taken out and no loud music is to be played, this being the first death anniversary of the departed scholar. Insofar as no procession is to be taken out and no function is proposed to be held in or around the Dargah of the departed scholar and further inasmuch as the entire function is proposed to be confined within the confines of the Islamia Inter College, the objection that the Juloos/ procession would be taken out with loud music is also imaginary.
As to the objection that a dispute had arisen between two groups, the same was only a petty occurrence. As noted in the impugned order, that dispute had arisen with respect to the route to be taken for the purpose of Juloos/ procession. Here, no such Juloos/ procession is proposed to be taken out and no permission is being sought for such procession on any public road.
D.K. Tiwari, the Additional Chief Standing Counsel submitted that new practice is being attempted to be introduced by means of the permission sought. If granted it will lead to a law and order situation.
He further submitted that in face of complaints received from various Hindu and Muslim organisations, permission has been rightly refused.
He also submitted that once permission is granted, the number of persons who may assemble to attend the Urs would never remain in the control of the petitioners, going by the large congregation that emerged at the time of burial of the Sufi Scholar last year. Once permitted, unmanageable congregations would arise.
The Bench observed that, in the first place, we note that the observance of Urs would not be a new practice amongst the Sufis. The impugned order does not reason that Hazrat Shah Mohammad Saqlain Miyan Huzoor was not a Sufi scholar or that he did not die on 20.10.2023. Arising therefrom it is also not disputed that his first Urs may be observed on 8th and 9th October, 2024 according to religious practices. To that extent, the City Magistrate, Bareilly may have erred in reading the application as one seeking to set a new religious practice.
Second, as to the objection “Chadron ka Juloos” would be taken out accompanied with loud music played on public roads, pathways/ Gullies etc the petitioners undertake that no such occurrence would take place. They are ready and willing to file their written undertaking before the City Magistrate, to that effect, the Court further said.
The Court also said that insofar as the petitioners further undertake to confine the observance of Urs within the boundaries of the 20 acre land of Islamia Inter College that too peacefully, on two dates only namely, 08th and 09th October, 2024, the reasoning given in the impugned order that such occurrence may interfere with the observance of religious festivities of Durga Pooja and enactment of Ramleela may also not be sustainable, at this stage, as that aspect of the matter has also not been considered.
The Court stated that the objection arising from the occurrence involving certain disputes between two groups of the same religious denomination with respect to route to be taken at the time of their respective procession may also be not relevant in view of the undertaking that the petitioners are willing to furnish before the respondent authorities that no religious or other procession would be taken out and no music would be played and further no ceremony or function or congregation would be organised on 08th and 09th October 2024 at or around the Dargah of Hazrat Shah Mohammad Saqlain Miyan Huzoor.
The Court further stated that the objection raised by the Deputy Superintendent of Police, Bareilly with respect to inconvenience to the students of the college, may be wholly imaginary inasmuch as that college has given its No-Objection to the petitioners to observe the Urs on its ground. Thus, it was never open to the police authorities or the district administration to imagine that objection on behalf of the students.