JUDGEMENT
A.K.Yog, J. -
(1.) Petitioner wants writ of mandamus commanding respondents (authorities in the administration in the district of Saharanpur) to permit the petitioner and the Muslim community of Saharanpur City to hold the procession on the date of birth of Prophet Mohammad Sahib and to direct the respondents not to interfere In the right of the petitioner and Muslim community of Saharanpur to hold procession on the day of date of birth of Prophet Mohammad Sahib and further make suitable arrangement to facilitate the petitioner and Muslim community in holding procession on the day of date of birth of Prophet Mohammad Sahib in city Saharanpur.
(2.) At the very outset, it may be stated that no such writ can be issued and the present petition is wholly misconceived. Administrative Authorities are In full command of the situation. An application to ensure that the performance of religious rights [subject to condition that It does not Infringe the rights of other citizens of other community in the city) has already been moved before the District Administration (Annexures-2 and 3). There is no allegation that Administrative Authorities are incompetent or otherwise colluded with any other community. The respondent authorities are the best Judge of the situation in their districts. This Court cannot assess the position in any manner.
(3.) This Court cannot resist but to observe that this petition does not disclose as to what right of the petitioner is being jeopardised, to what extent and what is the apprehension or that the authorities will not be taking due care and precaution as required under law for carrying on procession. Filing of this type of petition, as the present, indirectly cast stigma on other communities and amounts to making a charge against them for no good foundation.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.