UP: High Court says state govt cannot ban religious traditions for minor reasons

The permission for the annual Urs at the Dargah was challenged by the District Magistrate. In the interim order passed on May 17 in this matter, the court had allowed the traditional activities to continue and reserved the decision.

Lucknow: The Lucknow bench of the High Court has given an important decision regarding the 'Jeth Mela' and Urs held every year at the Dargah of Syed Salar Masood Ghazi in Bahraich district of Uttar Pradesh.

The court clearly said that the state government cannot ban long-standing religious traditions on the basis of minor apprehensions, especially when these practices promote cultural harmony in the society.

According to the information received by the Dynamite News correspondent, this decision was given by the division bench of Justice AR Masoodi and Justice Subhash Vidyarthi while hearing the petitions filed by Waqf No. 19 Dargah Sharif, Bahraich and others.

In the petitions, the permission for the annual Urs at the Dargah was challenged by the District Magistrate. In the interim order passed on May 17 in this matter, the court had allowed the traditional activities to continue and reserved the decision.

State government's arguments

The government told the court that Dargah Sharif in Bahraich is located near the India-Nepal border, which is a very sensitive area. The state said that there is always a possibility of infiltration of anti-national and suspicious elements from this area, especially during big events like Urs when a large number of people come from across the border. Along with this, the government, citing the recent attack on tourists in Pahalgam, said that at present there is a tense situation with Pakistan as well. If an emergency situation arises, it may be difficult to blackout the fair area, which may pose administrative challenges.

Court's response and order

After hearing these arguments, the court said that after the interim order passed on May 17, when traditional religious activities were carried out at the dargah, no anti-social or anti-national activity was reported during that time. Peace and harmony prevailed, which proved that the state government's fears were baseless.

The court said in its order that the order passed by the District Magistrate not to allow the Urs has now become ineffective because the fair period has ended. Along with this, the court directed the management committee of Dargah Sharif to strengthen the security and surveillance system during the fair in future. Under this, it has been asked to install CCTV cameras at the entry gates and important places.