Banner of committee immaterial as long as celebrations are allowed: HC on Ahmedabad Eid-e-Milad processions

The state, through its government pleader Manisha Lavkumar, informed the Court Friday afternoon that both the associations’ applications are in the process of being rejected after due consideration by the authorities, and further informed that as of Friday, eight associations have been given permission to take out processions along various routes in the city, which are together expected to see participation by seven lakh people.

While the Eid Miladunnabi (Central) Committee through its advocate KR Koshti argued that it has been permitted to conduct the procession for the past 40 years, except for in 2019, 2020, and 2021, the state submitted that another association has been permitted to take out the procession this year, and further added that the Eid Miladunnabi (Central) Committee is not a registered trust.

Satisfied with the arrangements made by the state, addressing Koshti, Justice Nirzar Desai remarked, “What is important is celebration takes place, under whose banner is immaterial… what is to be considered is that people are not stopped from celebrating the festival… court is not here to consider vested interests (of individual associations/groups/committees conducting the procession).”

Koshti additionally pointed out to the court that despite submitting the application to the police authorities concerned seeking permission for the procession nearly 10-15 days ago, the state is only declaring its decision two days before the event, leaving the petitioner no time to challenge the state’s decision if it wishes to.

To this, the Court implored the state to request its authorities to expedite the process.

With the Court pointing out that it cannot interfere in the state’s decision of which committee is to be allowed to take the procession as the authorities take such decisions after due consideration of the law and order situation, the Court expressed its disinclination to further entertain the two petitions. The two committees withdrew their pleas following the Court’s observation.

Reserving the liberty of members of the community to partake in the processions permitted by the police as individual participants but not under any association’s banners except for the committees that have been expressly allowed by the authorities, the Court disposed of the petitions. While disposing, Justice Desai remarked: “As citizens they can join, banner we will not permit. Festivals are meant for people to celebrate, not for any banner or for people to take credit.”