Court Quashes Arbitrary Cancellation of Permissions for Maharashtra Prayer Festival, Reinforces Citizens' Right to Religious Freedom
In a landmark judgment, the Bombay High Court's Circuit Bench at Kolhapur, presided over by Justices Madhav J. Jamdar and Pravin S. Patil, quashed the abrupt cancellation of permissions for the "Maharashtra Prayer Festival, 2026," organized by the Hope of Glory Ministry Trust. The event, which had commenced on March 13, 2026, was abruptly halted by a late-night decision from the police and the Maharashtra Industrial Development Corporation (MIDC), affecting approximately 50,000 attendees.
The court held that the cancellation violated the fundamental rights enshrined in Articles 15, 19, 21, 25, and 26 of the Indian Constitution, which protect citizens' rights to freedom of religion, life with dignity, and equality. The petition, filed under Article 226, challenged the legality of the notices/orders dated March 9 and 13, 2026, issued by the State and MIDC, respectively.
The Trust had obtained all necessary permissions from relevant authorities, including the Gram Panchayat, Sangli Miraj and Kupwad City Municipal Corporation, and the Sangli Rural Police Station. Despite this, the permissions were arbitrarily cancelled, allegedly citing a violation under the Maharashtra Prevention And Eradication Of Human Sacrifice And Other Inhuman, Evil And Aghori Practices And Black Magic Act, 2013, and an FIR was registered.
The court found no evidence of a law and order situation or violation of public order that would justify such abrupt action. Justice Jamdar emphasized that the actions of the authorities were illegal and mala fide, infringing upon the attendees' right to practice their religion and live with dignity.
In response to concerns regarding the Black Magic Act, the Trust agreed to file an undertaking ensuring compliance with the Act, which the court accepted. Consequently, the permissions for the event were restored, with instructions for the police to act as a vigilance officer to ensure compliance with legal provisions.
This judgment reinforces the judiciary's role in safeguarding fundamental rights against arbitrary administrative actions, reiterating the sanctity of freedom of religion and life with dignity as core tenets of the Indian Constitution.
Bottom Line:
Fundamental rights of citizens, including freedom of religion and right to life, cannot be abridged arbitrarily. Cancellation of permission for a religious event without valid justification violates Articles 15, 19, 21, 25, and 26 of the Constitution.
Statutory provision(s): Articles 15, 19, 21, 25, 26 of the Constitution of India, Maharashtra Prevention And Eradication Of Human Sacrifice And Other Inhuman, Evil And Aghori Practices And Black Magic Act, 2013, Maharashtra Public Trusts Act, 1950
