Bahraich Dargah Mela: Allahabad HC Allows Rituals, Devotee Entry But Upholds UP Govt's Denial Of Full-Fledged Fair For Now

In a special Saturday sitting, the Allahabad High Court refused (for now) to interfere with the UP Government's denial of permission for the age-old annual 'Jeth Mela' at the Syed Salar Masood Ghazi Dargah in the Bahraich District.A bench of Justice Attau Rehman Masoodi and Justice Subhash Vidyarthi, however, as an interim measure, permitted the routine activities at Dargah Sharif for carrying out the ritualistic practices.In this regard, the state has been directed to provide all support for maintaining law and order as well as necessary civic amenities in co-operation with the Committee administering the management of Dargah Sharif. To this extent, the State Government did not put up any objection.Furthermore, the Court has also provided that the Committee shall ensure that devotees visit the shrine in 'moderate' numbers as per routine in order to avoid the possibility of any stampede or unwarranted situation causing a concern to the safety of the devotees and creating difficulties for the administration.The Court passed this order while reserving judgment on a bunch of pleas filed challenging the State Government's decision, including a writ plea filed by the Management Committee of Dargah Sharif, BahraichIn brief, it is the case of the petitioners, as argued by Advocate Lalta Prasad Misra, that the Mela is rooted in long-standing tradition and it has been a State-recognised Mela since 1987, and is central to the faith of lakhs of devotees, including Hindus and Muslims.It was also argued that the administration's cited law and order concerns are baseless and that maintaining public order is the duty of the administration itself.Importantly, the bench was told that the Dargah Committee had not sought formal permission to hold the Mela; rather, it had only requested the district administration to convene a joint meeting of concerned officials to plan the organisation of the event.It was also pointed out that the Devi Patan Mela in neighbouring Balrampur was peacefully conducted recently with the help of the district administration, and even the CM had attended the said program.On the other hand, it is the case of the state government that the dargah committee had indeed sent a letter for making necessary arrangements for the mela and it is in that context that the relevant reports were requisitioned from the concerned officials and based on the inputs received from them, including from the Local Intelligence Unit, the impugned decision had been taken.It was categorically submitted by him that it is not possible to provide necessary facilities nor to ensure a secure atmosphere during one month long period and there is a serious possibility of a law and order or public order situation being created.Lastly, it was contended that there is no restrictions on religious activities within the Dargah premises and therefore, there is no violation of any constitutional or legal rights by the impugned order and that merely reasonable restrictions were being put in place.In the previous hearing of the matter, the Court had noted that the matters raised important questions as to the authority of the District Magistrate to interfere in such matters or to refuse to grant permission for the meal.Advocates Syed Husain, Alok Kr. Misra, Akram Azad, Sayyed Farooq Ahmad, Syed Mehfuzur Rehman and Vinod Kumar Yadav appeared for the petitoners. Advocate Habib appeared for the respondent.Click Here To Read/Download Order

Bahraich Dargah Mela: Allahabad HC Allows Rituals, Devotee Entry But Upholds UP Govt's Denial Of Full-Fledged Fair For Now

Sparsh Upadhyay

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