Merely Because Urs Observance Coincides With Navratri, It May Not Be A Ground To Deny Believers' Right: Allahabad HC Sets Aside District Administration's Order
The Allahabad High Court set aside the order of the District administration of Bareilly, Uttar Pradesh while noting that merely because Urs observance would coincide with Navratri, may not be a ground to deny the believers or followers of Hazrat Shah Mohammad Saqlain Miyan Huzoor their right to observe their religious practice during that period.
Hazrat Shah Mohammad Saqlain Miyan Huzoor, grandson of Hazrat Shah Sharafat Ali, passed away on October 20, 2023. A revered Sufi scholar with a significant following in the Bareilly district, his first Urs is scheduled to be observed on October 8th and 9th, 2024, by Sufi religious traditions.
The bench of Justice Saumitra Dayal Singh and Justice Vipin Chandra Dixit observed, “…merely because that Urs observance would coincide with a religious festival, may also not be a ground to deny the believers or followers of Hazrat Shah Mohammad Saqlain Miyan Huzoor their right to observe their religious practice…”
Senior Advocate Anil Tiwari and Senior Advocate Kabir Tiwari appeared for the Appellant and Additional Chief Standing Counsel D.K. Tiwari appeared for the Respondent.
Brief Facts-
The Petitioners, who manage the Dargah of the late Sufi scholar Hazrat Shah Mohammad Saqlain Miyan Huzoor, applied to the Bareilly district administration for permission to observe his first Urs on October 8th and 9th 2024 at the 20-acre ground of Islamia Inter College, Civil Lines, Bareilly. As there was no response from authorities, they submitted a further application. The District Administration rejected their request. Hence, the present Writ Petition.
The Court observed, “The impugned order does not reason that Hazrat Shah Mohammad Saqlain Miyan Huzoor was not a Sufi Scholar or that he did not die on 20.10.2023. Arising therefrom it is also not disputed that his first Urs may be observed on 8th and 9th October, 2024 according to religious practices. To that extent, the City Magistrate, Bareilly may have erred in reading the application as one seeking to set a new religious practice.”
The Court further noted that as to the objection "Chadron ka Juloos" would be taken out accompanied with loud music played on public roads, pathways/Gullies etc. the Petitioners undertake that no such occurrence would take place.
Accordingly, the Court set aside the impugned order.
Finally, the Court disposed of the Writ Petition.
