The Madhya Pradesh High Court has quashed an order of a Sub-Divisional Magistrate who had revoked the permission given for a new year celebration programme of the Christian Community after members of the Vishwa Hindu Parishad objected, reasoning that the Petitioner's rights under Article 25 of the Constitution could not be taken away through objections raised by members of any one community.

The Court was hearing a Writ Petition filed by a member of the Christian community who had applied and was granted permission for holding a programme, which was withdrawn upon representations made by the VHP. In the order revoking permission, the SDM said that the programme is likely to cause disturbance and communal disharmony.

A Single Bench of Justice Subosh Abhyankar held, "[I]t is apparent that the petitioner has been conducting such programme since last more than couple of years, which is also evident from the documents filed on record, and in such circumstances, merely on the basis of certain objections raised by the member of one community, the right of the petitioner to assemble and pray as per his religion as guaranteed under Art.25 of the Constitution, cannot be taken away."

The Court added, "It is also apparent that the S.D.M. has rejected the permission... only on the asking of member of other community, without even affording any opportunity of hearing to the petitioner. Thus, the petitioner has also been deprived of his valuable right to be heard before passing of an adverse order against him."

Advocate Rajesh Joshi appeared for the Petitioner and Government Advocate Mayank Mishra appeared for the Respondent-State.

The Petitioner belongs to the Christian community and is residing in the Jhabua district of Madhya Pradesh. He applied to the SDM for conducting a new year programme of Christian community. The application was allowed by the S.D.M. subject to certain conditions. Some days later, the petitioner was served yet another order issued by the SDM refusing permission on the basis of objections raised by Vishva Hindu Parishad. As per the SDM, the programme would cause disturbance and communal disharmony and, hence, the permission earlier granted was rejected.

Counsel for the Petitioner submitted that before passing the aforesaid order, the petitioner was never informed, and was never given any opportunity of hearing. It was also submitted that even otherwise a similar programme is conducted every year.

Counsel appearing for the State opposed the prayer, and it is submitted that no illegality has been committed by the SDM in rejecting the application, as he was apprehending the disruption in the communal harmony.

On the submissions of the parties, the Court said it was apparent that the SDM revoked the permission only based on the asking of members of one religious community, which could not be the basis for taking away the right of the Petition to practice religion.

"Be that as it may, this Court does not find any substance in the order of rejection of permission, and accordingly, the same is hereby quashed, and it is directed that the petitioner shall be free to hold the function as allowed earlier by the SDM. The Collector, Jhabua is also directed to ensure that no disruption takes place, while the aforesaid programme/function is convened." the Court said.

Vijay Katara v. Principal Secretary And Ors. [Writ Petition 41978 of 2024]

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Justice Subodh AbhyankarMadhya Pradesh High Court

Tushar Kohli