Bihar News : The right to hold a religious procession is protected under the Constitution, but it is not absolute. The administration can impose reasonable restrictions on such processions in the interest of public peace, law and order and health, the Patna High Court has said.
The court made the observation while dismissing a petition seeking permission for 300 devotees to participate in the Mahabiri procession of Akhara No. 1 in Hathauda village of Bihar’s Siwan district and to allow the procession to follow its traditional route.
What Did the Patna High Court Say?
Justice Alok Kumar, sitting as a single judge, said that rights available under Articles 19(1)(b) and 25 of the Constitution are subject to reasonable restrictions.
The court clarified that religious freedom is subject to public order, morality and health. While the right to hold a religious procession is protected, every aspect of how the procession is conducted, the route it follows or the number of people participating does not automatically form part of a fundamental right.
Mahabiri Procession Held Since 1958
Bhadai Choudhary, a resident of Hathauda, had filed the petition. He stated that Akhara No. 1 had been granted permission to organise the Mahabiri procession since 1958.
According to the petition, 200 devotees were allowed to participate in 2012 and 2013. The number was later reduced to 150 in 2014 and 100 in 2015.
Since 2023, permission had been granted for only five devotees. The traditional route of the procession was also changed.
Petition Sought Permission for 300 Devotees
The petitioner had sought permission to hold the procession with at least 300 devotees and to follow the old traditional route.
The state government defended the restrictions as a decision linked to law and order. According to the government, despite approval for only five people between 2015 and 2022, crowds of 1,700 to 2,000 people continued to gather and several cases were registered.
The government also referred to an incident in 2024 and alleged that a government vehicle was set on fire and stones were thrown at police personnel.
Future Permission to Depend on Local Situation
The High Court also clarified that it could not issue an order based only on the apprehension that permission would continue to be restricted to five people in the future.
The court said the number of people permitted to participate in the procession would be determined based on the actual law and order situation at the time permission is sought.
In view of these circumstances, the Patna High Court dismissed the petition.
