Patna: The Patna High Court has held that the constitutional right to take out religious processions is not absolute and can be subject to reasonable restrictions imposed in the interests of public order, law and order and health.
A single-judge bench led by Justice Alok Kumar made the observation while dismissing a petition seeking permission for 300 devotees to participate in the ‘Akhara-1’ Mahabiri procession in Hathauda village in Siwan district and follow its traditional route.
Court says religious freedom is subject to restrictions
The court said the rights guaranteed under Articles 19(1)(b) and 25 of the Constitution are subject to reasonable restrictions.
While the right to hold a religious procession is constitutionally protected, the court clarified that specific aspects such as the route, manner of conducting the procession and number of participants do not automatically constitute fundamental rights.
The court noted that restrictions can be imposed where necessary to maintain public order and protect health and safety.
Devotee seeks return to traditional route
Bhadai Chaudhary, a resident of Hathauda, had approached the court seeking permission for at least 300 devotees to participate in the procession and for it to follow the traditional route.
According to the petition, ‘Akhara No. 1’ had been permitted to conduct the Mahabiri procession since 1958. Permission was granted for 200 devotees in 2012 and 2013, before the permitted number was reduced to 150 in 2014 and 100 in 2015.
From 2023 onwards, permission was limited to five devotees. The traditional route was also changed.
The petitioner sought permission to restore the old route and increase the permitted number of participants to at least 300.
Government cites previous law and order incidents
The state government defended the restrictions on law and order grounds.
According to the government, although the permitted number was limited to five between 2015 and 2022, crowds of between 1,700 and 2,000 people would gather during the procession. Multiple cases were subsequently registered, it said.
The government also cited an incident in 2024 in which a government vehicle was allegedly set on fire and police personnel were allegedly pelted with stones.
Participant limit to depend on situation
The High Court said the number of participants permitted in the procession would have to be determined according to the prevailing law and order situation when permission is sought.
The court also said it could not issue an order at this stage based on an apprehension that only five people would be permitted in future.
The petition was dismissed in view of the circumstances.
