Telangana High Court
Hazrath Ghouseeazam Welfare Society vs The State Of Telangana on 13 September, 2022
THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
W.A.No. 584 of 2022
JUDGMENT:(Per the Hon'ble the Chief Justice Ujjal Bhuyan) Heard Mr. M.Rama Rao, learned counsel for the appellant; Mr. T.Srikanth Reddy, learned Government Pleader for Home appearing for respondents No.1 and 2; and Ms. D.Pramada Reddy, learned Government Pleader for Forests appearing for respondents No.3 to 5.
2. This writ appeal has been filed challenging the order dated 10.08.2022 passed by the learned Single Judge dismissing Writ Petition No.32253 of 2022 filed by the appellant as the writ petitioner.
3. The related writ petition was filed seeking the following relief:
.....to issue a proper writ, order or orders particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.2 in issuing the impugned proceedings No.HS-4/3121/2022 ::2::
dated 08/08/2022 rejecting for grant of permission for conducting the Procession of Giarhveen Shareef of Hazrath Ghouse-e-Azam Dastagir Reh which carries the Holy Flag Jhanda Mubarak Nishan-E-
Ghouse-E-Paak, which was scheduled on 10/08/2022 and other activities while granting the same to other processions like Bonalu and Moharrum is arbitrary and discriminative, which effects the fundamental right under Articles 14 and 25 of the Constitution of India and set aside the same and consequently, issue a direction to the respondents to grant permission to the petitioner-society including consequential permissions and to pass such other order or orders appropriate in this case.
4. It appears that appellant had applied for permission before respondent No.2 for taking out a procession of Gyarveen Shareef of Hazrath Ghouse-e-Azam Dastagir (REH.) on elephant on 10.08.2022 from 06:00 PM to 09:00 PM covering the route from Chilla Mubarak, Irani Galli to Charminar via Panjesha, Etebar Chowk Mosque, Kotla Alijah Masjid, Sardar Mahal, GHMC and return by the same route. In this connection, representation dated 15.07.2022 was filed by the appellant.
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5. By order dated 08.08.2022, respondent No.2, after considering the request made by the appellant, rejected the same. Order dated 08.08.2022 reads as under:
Sri Moosa Khanc vide reference 1st read above, has submitted application and requested to grant permission for the Procession of Gyarveen Shareef of Hazrath Ghouse-E-Azam Dastagir (REH.) on Elephant on 10-08-2022 from 06:00 PM to 10:00 PM from Chilla Mubarak, Irani Galli to Charminar via Panjesha, Etebar Chowk Masque, Kotla Alijah Masjid, Sardar Mahal GHMC and return back to Chilla Mubarak, Irani Galli via Gulzar House. Machli Kaman The applicant want to take out the procession of Gyarveen Shareef of Hazrath Ghouse-E Azam Dastagir (REH) on Elephant on the next day of 10"
Muharram, but as per the records the procession was never carried out in the month of Muharram except in 2021. Taking out the procession on next day of 10th Muharram in 2021 led to Law and Order situation and consequently, a case was registered in PS Rein Bazar vide FIR No. 196/2021 Us 505(2) IPC. The applicant want to perform the procession again on the very next day of 10th Muharram i.e., 09-08-2022 and the Muharram month is observed as the month of mourning by Shias, taking out the ::4::
celebratory procession on the above mentioned date may again lead to law and order problem. Further, the applicant requested permission for taking out the procession on Elephant but has not submitted the relevant permissions for utilising the Elephant for the said procession from the Forest Department.
In view of the above, the request of the applicant is considered, examined and rejected.
6. From the above, we find that the appellant desired to take out a procession of Gyarveen Shareef of Hazrath Ghouse-E-Azam Dastagir (REH) on elephant on the next date of 10th Moharrum. Respondent No.2 examined the record and found that such procession was never carried out in the month of Moharrum except in the year 2021. He had also noted that the said procession led to some law and order situation for which, a police case had to be registered. On that basis, a view was taken by respondent No.2 that taking out a celebratory procession immediately on the next day of 10th Moharrum and during the month of Moharrum, which is observed as a month of mourning by the Shia Community may lead to law and order problem.
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7. Additionally, respondent No.2 also took the view that if the appellant wanted to use the elephant in the procession, relevant permission should be obtained from the Forest Department.
8. We find that learned Single Judge concentrated on the second aspect of rejection by respondent No.2 and held as follows:
This Court is not able to appreciate the said submission made on behalf of the petitioner. When they want to take out the procession and exercise their right to religion, they have to follow the process, norms that are issued by the competent authority and without their permission, the petitioner cannot exercise their right. Law and order issues or the guidelines will not be static and it keeps on changing with the changing times. What was the position last year may not remain to be the same this year. Maintaining law and order is the responsibility of the police. In that process, the police have to keep upgrading their rules for strengthening the system. Petitioner's right to take procession or his freedom of religion is not an unfettered one and it is always subject to certain reasonable restrictions. In the impugned order, dated 08.08.2022, it is stated that Sri Moosa Khan has submitted application ::6::
and requested to grant permission for the Procession of Gyarveen Shareef of Hazrath Ghouse- E-Azam Dastagir (REH.) on Elephant on 10.08.2022 from 06:00 PM to 10:00 PM from Chilla Mubarak, Irani Galli to Charminar via Panjesha, Etebar Chowk Mosque, Kotla Alijah Masjid, Sardar Mahal GHMC and return back to Chilla Mubarak, Irani Galli via Gulzar House, Macli Kaman. The applicant wants to take out the process of Gyarveen shareef of Hazrath Ghouse-E-Azam Dastagir (REH.) on Elephant on the next day of 10th Muhurram, but as per the records, the procession was never carried out in the month of Muharram except in 2021. Taking out the procession on next day of 10th Muharram in 2021 led to Law and Order situation and consequently, a case was registered in P.S.Rein Bazar vide F.I.R.No.196 of 2021 under Section 505(2) IPC. It is further stated in the impugned order that the applicant wants to perform the procession again on the very next day of 10th Muhurram i.e., 09.08.2022 and the Muharram month is observed as the month of mourning by Shias, taking out the celebratory procession on the above mentioned date may again lead to law and order problem.
In this case, admittedly, no permission is obtained by the petitioner from the other State for getting the elephant. Unless such permission is obtained, he is ::7::
not permitted to get the elephant. No document is filed to show that such permission is obtained by them. Just because petitioner has obtained permission on the earlier occasions, that itself is not a ground to grant permission now. Permissions are subject to fulfillment of the conditions imposed by the respondents. Hence, this Court finds no infirmity with the impugned order
9. Learned counsel for the appellant submits that no such permission is required for using the elephant in a procession in terms of the Wild Life (Protection) Act, 1972. In this connection, he placed reliance on Section 43 of aforesaid Act.
10. We have gone through the aforesaid provision as well as the provisions of Section 48A of the said Act.
11. Considering the issue at hand, we are not inclined to enter into a detailed analysis of the aforesaid legal provision to render any conclusive finding whether permission of the Forest Department of the State of Maharashtra would be required or not to enable the elephant obtained from Maharashtra to participate in a religious procession in Hyderabad. This is so because the primary reason ::8::
given by respondent No.2 for refusing permission is that allowing such elephant procession during the month of Moharrum, which is a month of mourning by the Shia Community, may lead to law and order problem.
12. In the course of hearing, we have asked learned counsel for the appellant as to which community the appellant belongs to which he submits that the appellant belongs to the Sunni community.
13. In view of the above, apprehension expressed by the police department that such celebratory elephant procession by one community when the other community is in a state of mourning may lead to law and order problem cannot be brushed aside. This Court cannot or would not substitute its assessment of the situation for that of the police because it is the police, who has to maintain law and order situation at the ground level.
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14. As it is, we do not find any enforceable right of the appellant to take out such a procession, that too, during the month of Moharrum, immediately on the next day of 10th Moharrum.
15. For the aforesaid reasons, we are not inclined to interfere with the order passed by the learned Single Judge.
16. Writ Appeal is accordingly dismissed. No costs.
As a sequel, miscellaneous petitions, pending if any, stand dismissed.
__________________ UJJAL BHUYAN, CJ _______________________ C.V.BHASKAR REDDY, J Date: 13.09.2022 lur/gvr