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SC dismisses petition seeking issuance of mandamus to regulate all kinds of processions

Legally SpeakingSC dismisses petition seeking issuance of mandamus to regulate all kinds of processions

New Delhi: The Supreme Court in the case Citizens For Injustice And Peace v. UoI And Anr observed and has dismissed a petition preferred by Citizens for Injustice And Peace wherein seeking issuance of mandamus to regulate all kinds of processions which includes religious processions and has also issued the Procedure of Standard Operating for granting permission for such processions.
The bench comprising of CJI, Justice D.Y. Chandrachud and Justice P.S. Narasimha, while dismissing the plea observed and has recorded in its order that the relief which are being sought by the petitioners invoking the jurisdiction under Article 32 of the Constitution of India are not applicable of judicially manageable standards.
The plea seeks for issuance of a roving writ of mandamus by this Court. Therefore, that apart, the subject of law and the order falls under the ambit of the State.
The counsel, Senior Advocate, Mr. C.U. Singh appearing on behalf of the petitioner submitted that though there are some advisories which are issued by States and the Ministry of Home Affairs as they are not being followed by the authorities. It being the grievance of the petitioner that there are also provisions in the Code of Criminal Procedure and the Police Manual regarding granting of permission for processions, but are not implemented.
Adding to it, Mr. Singh stated that the authorities are abdicating their functions entirely, so the court needs to step in. Otherwise during this festival season your lordships will see that there being a series of riots. It is abundantly made clear by the CJI that the law and order was a State subject and the Court cannot interfere in the same. The court while considering the diversity that exists in the country, thus, the CJI felt that the States are fit to decide the procedure suitable for their own jurisdiction.
It stated that, the country is diverse and the conditions which prevail in a particular district are very different from those prevalent in other districts of the same State.
However, the States are being entrusted with the power to regulate the districts in their own jurisdiction. It has also been stated that the CJI that if conditions of permission were breached, then individuals are at liberty to approach the High Court under Article 226 of the Constitution.
It has been averred by Mr. Singh that there is a prevalence of brandishing weapons during religious processions and Shobha Yatras. Further, he indicated that in the recent past there have been some unfortunate incidents like riots in the Shobha Yatras.
The people are today holding processions brandishing weapons, swords, firearms etc. During the religious festival season, it is happening. The court while giving an example of non-violent religious festivals, llike Ganesh puja in Maharashtra were lakhs of people congregate peacefully. The bench of CJI reckoned that, equally, within the same festival season we do not have riots…Why do we always need to portray that religious festivals are a source of riots? Let us look at what good is happening in the country instead of this.

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