The Telangana HC dismissed a writ petition seeking permission to carry on the procession known as “Bibika Alam Juloos” starting from Alawa Bibi and passing through Dabeerpura, Etebar Chowk, Kotla Ali continuing through other olaces also and ending it at Chaderghat.
A single bench comprising of Justice T. Vinod Kumar held that though the right to profess religion is a fundamental right, the same is not an absolute right, as the opening words of the Article itself makes it clear that such right being subject to public order, morality and health” apart from being subjected to restriction under Article 25(2) of the Constitution of India, which includes the operation of any law.
The petitioner filed the writ petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus to direct the respondents, more particularly 2nd respondent to issue permission for carrying on the procession known as “Bibika Alam Juloos”.
In this matter, a bench of Chief SA Bbobde, Justices AS Bopanna & V. Ramasubramanuim had asked the petitioner’s Advocate Wasi Haider to implead 28 states in his petition seeking directions to the Union & State Governments for allowing the mourning procession to take place in a limited capacity only i.e. with 5 people participating in the procession only. But SC on 27th August refused to grant the permission amid the pandemic as they were of the view that granting directions to take out the procession across the country shall lead to chaos & a particular may then be targeted for spreading the virus.
The view of the court for not granting permission to hold ‘bibika alam juloos’ was that as the pandemic concerns with health and the government having invoked the provisions of Epidemic Diseases Act, 1897 and Disaster Management Act, 2005 and placing restriction on certain activities, which includes processions, to stop the spread of virus, the restriction would have to be considered as by operation of law.