The Patna High Court has refused to interfere with restrictions imposed on the Mahabiri Julus in Bihar’s Siwan district, holding that the constitutional protection available to religious processions does not translate into an unfettered right to conduct them in any manner, along any route, or with an unrestricted number of participants.
A Single Judge Bench of Justice Alok Kumar was hearing a petition filed by a devotee of Akhara No. 1 in Hathaura village, who sought directions permitting the Mahabiri Julus to proceed along its traditional route with at least 300 devotees. The petitioner contended that the procession had been conducted under licence since 1958 and that the permissible number of participants had progressively been curtailed over the years, eventually being reduced to five from 2023 onwards. The route of the procession, too, was altered.
The petitioner argued that the traditional route had not witnessed any complaint of breach of peace and alleged that the restrictions had been imposed arbitrarily. The State, however, defended the decision on the ground of public order, pointing to instances where the actual gathering had allegedly far exceeded the permitted strength and had resulted in criminal cases. It also referred to allegations of violence and damage to public property during the 2024 procession.
Rejecting the challenge, the Court underscored that the right to take out a religious or civic procession draws constitutional protection from Articles 19(1)(b) and 25, but remains subject to reasonable restrictions. The exercise of fundamental freedoms, the Court observed, must be reconciled with the State’s corresponding obligation to preserve public order, social harmony and collective welfare.
The Bench further noted that constitutional protection of religious freedom does not extend to every preferred mode or manner in which a religious practice is sought to be exercised. Relying on settled jurisprudence, the Court reiterated that the freedom to profess and practise religion is subject to considerations of public order, morality and health.
The Court also declined to adjudicate the petitioner’s apprehension that only five devotees would be allowed to participate in future processions, observing that such a determination would necessarily depend on the prevailing law-and-order situation when permission is sought. A prospective restriction, founded on circumstances that may or may not arise, could not be examined in the abstract.
Finding no infirmity warranting its interference, the High Court dismissed the writ petition, reinforcing the principle that while religious processions enjoy constitutional protection, the right cannot override legitimate restrictions imposed to safeguard public peace and order.
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