The Calcutta High Court has refused to grant permission for organizing a 'Hanuman Chalisa Paath' on Red Road in Kolkata, scheduled for April 12. The petitioner had initially approached the court seeking approval for the religious gathering, which was expected to draw nearly 3,000 participants. This request came after the petitioner did not receive a timely response from the local police authorities regarding permission for the event.
Subsequently, police authorities did grant permission for the event—but only at a different location. The authorities explained that the change of venue was necessary to avoid any potential disruption to public order or inconvenience to the general public.
The petitioner argued before the court that a different community had been allowed to hold an event at the same Red Road location on March 31. Based on this, he claimed that denying his event was discriminatory. He further stated that April 12 marks the birthdate of Lord Hanuman, making it an auspicious and significant day for holding the religious ceremony.
The petitioner also pointed out that the Durga Puja carnival is held annually on the same road without any objection from the police. Additionally, it was submitted that the land where the petitioner sought to hold the event falls under army jurisdiction and that prior permissions had already been obtained.
It was emphasized that the program was scheduled between 5:00 AM and 11:00 AM, a time chosen specifically to minimize inconvenience to the public. The petitioner further argued that the role of the police is to ensure law and order and not to impose unjustified restrictions.
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“Unless the place had an essential importance in the religion, no person could be allowed to claim a public venue as a matter of right,” the state submitted.
However, the state government opposed these submissions. The government stated that for a first-time event at a public location, it is necessary for the petitioner to demonstrate that the venue holds essential religious importance. Without such significance being legally established, no individual or group can assert a right to occupy a public space.
Justice Tirthankar Ghosh, who heard the matter, acknowledged that when a court is asked to decide on a refusal by the administration regarding a public religious event, the petitioner must first establish a legal right to hold such an event in that location. The Court observed that such a right must be proven when the matter is being heard for the first time.
“For establishing a right to hold any religious practice for the first time at a public place, the establishment of such right is required to be made once a court of law is called to decide on an issue when refused by the administration,” Justice Ghosh stated.
He further added that such a determination cannot be made without the exchange of affidavits between the concerned parties. As a result, the Court declined to pass an interim order that would allow the petitioner to proceed with the event on Red Road on April 12.
The matter will now proceed based on the submission of affidavits to further examine the petitioner’s claimed rights.
