Orissa High Court Upholds Cancellation Of Minority Organisations' Convention Over Circulation Of 'Communally Provocative' Video Clip
The Orissa High Court has upheld the denial of permission to All India Backward (SC/ST/OBC) and Minorities Communities Employee's Federation (BAMCEF) and the Bharata Mukti Morcha (BMM) to hold their national conventions in December, 2025, after it came to the notice of the authorities that a “divisive” and “communally provocative” video clip was being circulated on behalf of...
The Orissa High Court has upheld the denial of permission to All India Backward (SC/ST/OBC) and Minorities Communities Employee's Federation (BAMCEF) and the Bharata Mukti Morcha (BMM) to hold their national conventions in December, 2025, after it came to the notice of the authorities that a “divisive” and “communally provocative” video clip was being circulated on behalf of such organisations. [2026 LiveLaw (Ori) 100]
While upholding the impugned order issued by the Deputy Commissioner of Police, Cuttack (DCP), the Bench of Justice Bibhu Prasad Routray held–
“It is true that the administrative authorities have every right to take appropriate decision in their administrative capacity in order to maintain public peace in the locality and to maintain public order. Therefore, nothing can be faulted on the part of the administrative authorities when they have perceived any danger of breach of peace, particularly the communal sensation among different communities of the city. In this regard, the Court would not be right in interfering with the decision of the administrative authority.”
The BAMCEF and the BMM had sought permission for holding their join 42nd and 15th national conventions, respectively, from 26.12.2025 to 30.12.2025 at the Lower Baliyatra Ground. They alleged that the permission was granted by the Offices of the Collector and the DCP on 04.10.2025 and 01.11.2025 respectively. Pursuant to such grant of permission, they had purportedly paid fees to different government authorities and proceeded on to arrange the necessary temporary infrastructure for the event.
On 21.12.2025, the DCP issued an order cancelling the earlier granted permission for the event, allegedly without assigning any valid reason therefor. Being aggrieved by such order, both the organisations filed this writ petition.
During the course of hearing, it came to the light that the impugned order of cancellation was issued upon it came to the notice of the authorities that a divisive and communally provocative video clip was being circulated by a person on behalf of the organisations. Having regard for the communally sensitive nature of the city, the authorities deemed it proper to deny permission.
The petitioners submitted that several fees which they had paid to the government authorities for holding such conventions have not been refunded yet. Hence, they urged the Court to direct the authorities to grant fresh permission for holding the said conventions at the said venue from 26.12.2026 to 30.12.2026.
The State, on the other hand, argued that final permission was never granted in favour of the petitioners for holding the now-cancelled event. The permission was merely provisional, which was subject to the final approval of the Collector-cum-District Magistrate, Cuttack. Upon considering the potential threat to communal harmony, the final permission was denied.
Justice Routray, at the very outset, made it clear that to congregate to have discussion on any issue, at national level, by any organization peacefully without affecting the right of other citizens or without disturbing the normal public order is of course a right not to be objected by the authority. The Judge cited the landmark rulings in Himat Lal K. Shah v. Commissioner of Police, Ahmedabad & Anr. (1972) and Amit Sahni v. Commissioner of Police & Ors. (2020) to reiterate the legal position.
Nevertheless, taking into account the fact that the authorities denied permission based on an apprehension of breach of communal harmony in the millennial city, the Court held that the impugned order cannot be held as arbitrary or illegal.
Since the petitioners prayed for grant of fresh permission to hold the event at the end of this year and also undertook to ensure public order, peace, proper traffic management etc, the Court asked the authorities to consider their applications in accordance with law.
Case Title: The All India Backward (SC/ST/OBC) and Minorities Communities Employee's Federation (BAMCEF), Karolbagh, New Delhi & Anr. v. State of Odisha & Ors.
Case No: W.P.(C) No. 37240 of 2025
Date of Judgment: August 24, 2026
Counsel for the Petitioners: Mr. U.K. Samal, Senior Advocate
Counsel for the Opposite Parties: Mr. T.K. Dash, Addl. Govt. Advocate & Mr. V. Mahapatra, Advocate
Citation: 2026 LiveLaw (Ori) 100