Bahraich Dargah Mela | Interim Arrangements Ensured Peaceful Rituals, State's Fears Dispelled: Allahabad HC Disposes Pleas

Dealing with 3 petitions filed concerning the Annual Jeth Mela at Bahraich's Dargah Syed Salaar Masood Ghazi (RA), the Allahabad High Court observed that "all the apprehensions of the State stand dispelled" in light of the smooth implementation of arrangements under its interim order. Disposing of the pleas, including a writ filed by the Committee of Management of Dargah Sharif, the Court noted that the DM's order denying permission for organizing the Mela had “lost its efficacy" as the period of the Mela was already over and the interim arrangement permitted by the Court had ensured ritual observance without incident. Briefly put, the management committee and 4 others had moved the HC challenging the DM's refusal to allow the Jeth Mela (scheduled between 15 May and 15 June 2025). They sought a mandamus to direct the State to cooperate and not hinder either the event or the visit of devotees. Two PILs were also filed, raising largely identical issues. The petitioners contended that the refusal of permission was arbitrary, mala fide, and based on flimsy grounds under political pressure. It was argued that the constitutional protection for ritualistic practices under Articles 14, 21, 25, 26, and 29 was violated by the denial of permission. It was also argued that the administration's cited law and order concerns were baseless and that maintaining public order is the duty of the administration itself. The Jeth Mela, it was asserted, was rooted in long-standing tradition and it had been a State-recognised Mela since 1987, and is central to the faith of lakhs of devotees, including Hindus and Muslims. On the other hand, justifying the DM's decision, the State submitted before the Court that the Dargah was situated in a dense, mixed-population area, vulnerable due to its proximity to the Indo-Nepal border and thus, in view of ongoing national security operations (Operation Sindoor), recent terror attacks and the risk of infiltration, allowing a large fair was impractical and could endanger public safety. It was also contended that devotees were free to visit the Dargah and practice their faith, but the Mela, involving shops, swings and entertainment activities, did not form part of any essential religious practice. On May 17, the Allahabad High Court had reserved the judgment on the petitions while refusing (for then) to interfere with the UP Government's decision. The Court had, however, as an interim measure, permitted the routine activities at Dargah Sharif for carrying out the ritualistic practices. Read more about the interim order here : Bahraich Dargah Mela: Allahabad HC Allows Rituals, Devotee Entry But Upholds UP Govt's Denial Of Full-Fledged Fair For Now Now, in its judgment, delivered on July 17, a bench of Justice Attau Rahman Masoodi and Justice Subhash Vidyarthi, extensively discussed the nature of ritualistic practices and the State's duty to protect them unless they threaten public order or national security. In its 12-page order, referring to Article 25 and the idea of 'composite constitutional morality', the Bench said that in the normal course, all such ritualistic practices which have stood recognized since time immemorial cannot be obstructed by the State on trivial grounds. "For observance of such usages and customs, some times it does not appeal to reason but at the same time all such practices cannot be obstructed which assume a ritualistic model amongst the masses belonging to the people of single or multiple faith bringing harmony and peace to he society". It also noted that rituals, regardless of their appeal to reason or science, are often perceived as spiritual sources of conscience and that the Constitutional Courts must desist from questioning their validity, except where they pose risks to public order or state security. Against this backdrop, the Court noted that its interim order had struck a balance by allowing routine ritual practices with State support, while withholding interference in the State's decision not to permit the full-fledged Mela with its commercial aspects. "Peace and tranquility has prevailed during the operation of the arrangements... therefore, all the apprehensions of the State stand dispelled...", the bench further noted. Given this outcome, the Court said the impugned order had “lost its efficacy” and disposed of the petitions in terms of the interim directions and its present observations. However, before parting with the order, the Court directed the Committee of Management of Dargah Sharif to install CCTV cameras at the entry/relevant places, particularly during the Jeth Mela as well as the Urs, so that any threat or apprehension, as has been taken note of in the impugned order. It added that the Committee alone is vested with the power to regulate the management of Dargah and its property, and therefore, “it is the bounden duty of...

Bahraich Dargah Mela | Interim Arrangements Ensured Peaceful Rituals, State's Fears Dispelled: Allahabad HC Disposes Pleas

Sparsh Upadhyay

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