The Delhi High Court on Wednesday refused to grant permission for holding of All India Muslim Mahapanchayat at Ramlila Maidan ground on October 29.
The single-judge Bench of Justice Subramonium Prasad passed the orders, while disposing of a petition filed by an organisation named Mission Save Constitution, founded by Advocate Mehmood Pracha.
The petitioner contended that it was earlier granted permission by the Delhi Police for the event, however, the NoC was later withdrawn.
The High Court upheld the Delhi Police’s decision to revoke the permission on the grounds that posters of the event had communal and religious overtones.
Even though the event has been styled as a platform for education of people, its posters did have communal overtones and it was being proposed to be held in the Old Delhi area, which was in any case not unknown to have communal clashes, noted the Court.
Justice Prasad noted that the period after the end of Shraadh till Diwali was extremely auspicious for people belonging to the Hindu Community as during this time, several festivals were celebrated.
The opinion of local police officials that a communal situation may arise during the event proposed to be held on October 29 could not be termed as ‘fanciful,’ the Judge pointed out.
He said the tenure of posters put up by the organisation showed that the event could have communal overtones and might increase communal tension in the Old Delhi area, which has witnessed communal tensions in the past.
The apprehension of the concerned area SHO could not be washed away by constitutional courts. Though there was freedom to raise voice, but the possibility of communal tension could not be ignored, added Justice Prasad.
The single-judge Bench clarified that once the festivals were over, the petitioner could approach the local authorities again, which may then consider the request afresh.
The organisation’s fresh plea for permission would be considered by the authorities on its own merits, subject to the organisation providing a list of speakers and an undertaking that the meeting would not cause any communal tension, the High Court observed.
The petitioner contended that it sought to initiate a series of events, starting from the event, for strengthening of all weaker sections, including Muslim and other minority communities like SCs, STs and OBCs. It further said that voices of all the ‘oppressed’ people would be raised in the meeting.
Advocates R.H.A. Sikander, Jatin Bhatt, Sanawar and Harshit Gahlot appeared for the petitioner.
Respondent No.1 was represented by Advocate Apoorv Kurup, CGSC, along with Advocate Akhil Hasija. ASC Satyakam appeared for the Government of National Capital Territory of Delhi (GNCTD). ASC Khushboo Nahar represented the Municipal Corporation of Delhi (MCD), while Advocate Kunal appeared for Respondent No. 3.
(Case title: Mission Save Constitution vs Union of India & Ors)