Legal Correspondent:
A SINGLE bench of Madhya Pradesh High Court comprising Justice Vishal Mishra ordered the district administration to grant conditional permission to the Bajrang
Dal for Shaurya Yatra. This relief was granted in light
of the Supreme Court and Madras High Court judgments. The court granted Bajrang Dal the freedom to
file a fresh application before the competent authority. The Vishwa Hindu Parishad and its youth wing,
Bajrang Dal, organise Shaurya Yatra with an aim of
promoting Hindu values, history and patriotism among
youth and educating youth and rural citizens about
Hindu history, culture, traditions, and Sanatan Dharma.
On the eve of Geeta Jayanti, Bajrang Dal had submitted an application to the district administration
for permission to hold Shaurya Yatra on the designated route on December 4. The SDM, Adartal,
rejected the application based on a police report.
Advocate GP Singh argued on behalf of petitioner District Coordinator Rahul Burman. He
argued that Geeta Jayanti is a Hindu festival celebrated to commemorate the birth of the Bhagavad
Gita. Lord Krishna delivered teachings of Gita to
Arjuna on the battlefield of Kurukshetra on this
day.
The fundamental right to freedom of religion
is guaranteed under Articles 25 and 26 of the
Indian Constitution, and the right to peaceful
assembly is guaranteed under Article 19(1)(e).
Permission to hold a procession cannot be denied
on the grounds that a law and order situation could
be disturbed. Administrative officials are duty-bound
to maintain law and order and simply to shirk their
duties, the application for the procession has been
dismissed by invoking Section 30 of the Police Act,
1961.
The High Court stated in its order that the petitioners had organised procession on December 4 and
no application has been filed regarding the next date.
They orally submitted that the date has been changed
to December 27. No application has been placed on
record along with the petition, and therefore, no direction can be issued. The petitioner is granted liberty
to file an application before the competent authorities. The competent authorities may consider it in light
of the aforementioned directions issued by the Supreme
Court and the Madras High Court.