The Delhi High Court has made it clear that the occurrence of a riot in 2022 cannot automatically bar the holding of a religious procession for Hanuman Jayanti in the Jahangirpuri area. The Court directed the Delhi Police to examine a fresh request for permission and take a suitable decision before the procession date.
"The occurrence of an untoward incident in the year 2022, cannot necessarily preclude holding of procession/s on religious occasion/s, as per the prevalent practice in the previous years," said Justice Sachin Datta.
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He further emphasized that the police authorities have a duty to make adequate security arrangements for such events. The court's observation came while hearing a plea filed by Arvind Mishra, who had approached the court after being denied permission for a religious procession scheduled on April 12, marking Hanuman Jayanti.
Mishra submitted that a Hanuman temple has existed in Jahangirpuri since ancient times, and the annual religious procession is part of a longstanding tradition.
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Background: 2022 Riot in Jahangirpuri
The Delhi Police, in their status report, informed the court that in April 2022, during a Shobha Yatra for Hanuman Jayanti, a riot had taken place in Jahangirpuri. According to the report:
“Several rounds of gun firing took place by the rioters, and one police personnel sustained a gunshot injury. Several other police and public persons were also injured in the riot.”
Due to the volatile law and order situation following the 2022 incident, the police authorities had not granted permission for any procession or Shobha Yatra in the area since then.
While the court did not interfere with the current decision of the police authorities on the issue, it granted liberty to the petitioner to file a fresh application with specific details.
“Let the matter be suitably examined by the senior officials of the Delhi Police and an appropriate decision be taken and communicated to the petitioner, prior to the date on which the procession is proposed to be held,” the Court directed.
Justice Datta added that if a fresh application is submitted with a clear route and duration of the proposed procession, then the Delhi Police should consider it in a timely and appropriate manner, keeping in mind the law and order considerations.
The court also reiterated:
“It is incumbent on the respondents/police authorities to make adequate security arrangements for the said purpose.”
Title: ARVIND MISHRA v. THE COMMISSIONER OF POLICE & ORS.
