Religious customs can’t be halted for trivial reasons: Allahabad High Court to UP Govt

The Lucknow Bench of the Allahabad High Court has observed that the Uttar Pradesh government cannot stop religious customs carried out under normal circumstances for trivial reasons, especially when such practices foster cultural harmony in society.

The court made this observation in its order concerning the annual Jeth Mela held at the Dargah of Syed Salar Masood Ghazi in Bahraich.

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The court noted that during the arrangements made under its interim order dated May 17, peace and harmony prevailed, and therefore, the apprehensions raised by the state government regarding the organization of the Urs or the fair were unfounded.

A division bench comprising Justice AR Masudi and Justice Subhash Vidyarthi passed this order on a petition filed by Waqf No. 19, Dargah Sharif, Bahraich, and others.

In the petition, the Dargah Sharif had challenged the order of the District Magistrate denying permission to hold the annual Urs.

After hearing the matter, the court had reserved its judgment on May 17 and had allowed traditional religious activities to continue in the interim.

The state government argued that the area surrounding Dargah Sharif is extremely sensitive, as it is adjacent to the open Indo-Nepal border. It expressed concerns over the potential infiltration of anti-national and suspicious elements, particularly in the context of the recent horrific attack on tourists in Pahalgam and the movement of crowds near the border.

The state also submitted that due to current tensions with Pakistan, any emergency situation could make it impossible to enforce a complete blackout in the fair area due to the large crowd, posing significant administrative challenges.

While disposing of the petition, the court stated that the government’s denial of permission was based on prevailing circumstances and confidential reports, but such an order has now become ineffective since the fair period is over.

The interim arrangement, under which the religious customs were allowed, effectively addressed and disproved the state’s concerns. The court further directed the Management Committee of Dargah Sharif to manage future *Urs* and fairs efficiently. It also instructed that CCTV cameras be installed at entry points and other key locations.