India

State Authority Bound To Ensure Tranquillity During Milad-Un-Nabi Juloos: Allahabad HC

Making an observation on 13 September, Allahabad High Court maintained that it is responsibility of state authority to establish tranquillity during the peaceful Eid Milad-Un-Nabi Juloos.

A bench of Justice Shekhar B. Saraf and Justice Manjive Shukla observed thus while directing the Sub Divisional Magistrate, Najibabad (District Bijnor), to pass a reasoned order by September 15 on an application seeking permission to carry out the procession of “Eid Miladun-nabi (PBUH)/Barawafat” on September 16.

The division bench in its order said, “we direct the Sub Divisional Magistrate concerned to pass a reasoned order on the same by September 15, 2024 and communicate the same to the petitioners immediately after passing of the same. We make it clear that the Sub Divisional Magistrate should take into consideration the fact that the security and tranquillity of the area is not disturbed because of the procession being carried out through the said area. The Supreme Court and this Court have observed so in a catena of judgments that it is the job of the State Authority to ensure peace and tranquillity when peaceful processions are carried out.”

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In addition, court gave liberty to SDM. It said that concerned SDM will have liberty if he is inclined to grant permission, regulate the procession with regulate the Milad procession in respect to the number of participating people. SDM is in authority to decide that no weapon be carried out.

The bench further demanded the concerned SDM to maintain security in particular area and route of the procession.

 

Vishal Talwar

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