Monday, December 5, 2011

"No right to insist for a particular route for Tazia procession on the eve of Moharram" Gujarat High Court

While adjudicating an issue about the route of the Tazia procession on the eve of Moharram, in the matters of SPECIAL CRIMINAL APPLICATION No. 3143 of 2011 under Arts. 14, 19, 21, 25, 26 and 226 of the Constitution of India, HONOURABLE MR.JUSTICE RAJESH H.SHUKLA of Gujarat High Court has recently observed That" The right under Art. 25 on the religious freedom cannot be a matter of quarrel as in a democratic and secular country. Such freedoms would always be there, but it has to be subject to reasonable restrictions. What could be reasonable restriction cannot be defined in formula uniformly for every place, every occasion and every situation as it will have to be considered depending on various factors including the change in the topography of the city, volume of traffic, public interest and ultimately it is the public interest which must prevail. Therefore, pubic interest and maintenance of law and order is an aspect which cannot be overlooked and therefore it cannot be said that the petitioner can have any right to insist for a particular route "

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