Gujarat High Court: Can Permission be Granted for an Unregistered Members of an Association in taking out a Procession?

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The Petitioner, the chairman of the Eide Milad Committee, an unregistered association filed a Special Civil Application under Articles 14, 19, 28 and 226 of the Constitution of India, regarding permission for taking out a Religious Procession of Eide Milad.

Facts

The Petitioner had filed an application dated 12/10/2019 before the authorities (the respondent) for permission about the religious procession of Eide Milad and the respondents did not take any steps which are violative of Article 14, 19 and 28 of the Constitution and thus the Petitioner seeks Writ of Mandamus or any other order/direct to direct the respondents authorities for granting the permission for the same during pendency and till final disposal of the petition,

After notice being issued by the court, the respondents rejected the application on the grounds of negative opinions being given by Traffic Branch of the Police Station

That there are two committees functioning with the similar name being Eid ­Milad unnabi (Central) Committee. Whereas the petitioner Committee is not registered and Committee chaired by one Shri Rafiq is a registered trust and therefore, the permission to carry out procession is given to the registered trust. Apprehension was also canvassed that it appears that there is a dispute between both these committees

Arguments

Learned Advocate Mr. K R Koshti for the petitioner submitted that the petitioner is taking out the procession on the occasion of Eid­e­Milad since last 40 years and since last year application of the petitioner is not granted by the respondent authority for taking out the procession. He further submitted that though the petitioner is an unregistered association of the community as it is taking out a procession on the occasion of Eid­e­Milad for last 40 years petitioner should be permitted to participate in the Eid­e­Milad procession by the respondent.

It was further submitted that the respondent has rejected the permission to the petitioner without any authority and petitioner should be permitted to take out a procession as the petitioner was carrying out procession since last many years. It was therefore submitted that petitioner should be allowed to participate in the procession on the occasion of Eid­e­Milad.

The decision of the Court

It is further submitted that if the members of the petitioner unregistered association wish to take part in procession, they may take part without creating any problem of law and order., The Counsel for Respondent, Mr. P.S. Champaneri, further made it clear that if the members of the petitioner unregistered association wish to  take part in the procession, respondent cannot and will not prevent any person to take part in the Eid­e­ Milad procession.

In view of the fact that permission to take out Eid­e ­Milad procession is granted, the main grievance raised in the petition is redressed. However, it is made clear that such procession will be taken out keeping harmony amongst the members of all associations whether it is registered or unregistered and such procession shall be strictly carried out in accordance with terms and conditions of the permission granted by the respondent.

 

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