'Political Motive': PIL In Allahabad HC Against Denial Of Permission For Annual Syed Salar Dargah Mela In Bahraich

The PIL, moved by UP residents and 'ardent devotees' of 'Hazrat Syed Salaar Masood Ghazi (Rahmatullah Alaih)', claims that the mela, originally scheduled to be held from May 15 to June 15, is a unique symbol of interfaith harmony, with over 60% of its visitors being Hindus.

The plea argues that its cancellation undermines the tradition of communal harmony and the promotion of composite culture. The PIL pleads that the 'abrupt' cancellation of the Jeth Mela has caused significant inconvenience to lakhs of devotees who undertake annual pilgrimages to pay homage at the shrine.

“Many devotees, including those from marginalized communities such as Kories, Kurmi, and Ahir peasants, as well as lepers seeking miraculous cures through the shrine's rituals, rely on the mela for spiritual fulfillment and healing practices. The cancellation disrupts their customary practices and access to a sacred space revered across faiths.”

The PIL, filed through Advocates Akram Azad and Sayyed Farooq Ahmad, further argues that the decision by the District Administration, under City Magistrate Shalini Prabhakar, to deny permission for the Jeth Mela is arbitrary, unjust, and illegal.

The action, the PIL plea adds, infringes upon the cultural and religious rights of the community and devotees.

“The abrupt cancellation disrupts the fundamental rights to freedom or religion and cultural expression guaranteed under article 25 and 29 of the constitution of India, causing irreparable harm to the sentiments of devotees and the secular fabric of the religion which needs to be preserved the pluralistic ethos of this historic tradition,” the plea states.

It also notes that the Jeth Mela supports the local economy by providing opportunities for vendors, shopkeepers, and service providers and thus, the denial of a permit for holding the mela has caused financial distress to those dependent on the event for their livelihood

According to an official statement, the administration has cited the prevailing atmosphere of protest and public anger following incidents like the Pahalgam attack, Sambhal violence and concerns surrounding the amended Waqf Act as the reason behind its decision.

Calling into question this justification of the district administration, the PIL plea argues that no specific evidence was provided linking these events to the Jeth Mela or demonstrating a direct threat to public safety in Bahraich, raising questions about the proportionality and necessity of the cancellation.

The PIL plea contends that the denial to hold a mela could be influenced by political motives rather than genuine security concerns, potentially exacerbating communal tensions.

Against this backdrop, the PIL plea prays for the following:

• Quash the order passed by the City Magistrate, Bahraich, denying permission for the Jeth Mela 2025 as being arbitrary, discriminatory, and violative of Articles 14, 19(1)(d), and 25 of the Constitution of India.
• Direct the respondents, including the District Administration of Bahraich and the Government of Uttar Pradesh, to grant permission for the conduct of the Jeth Mela 2025, with adequate security arrangements, including state-level police deployment, to ensure public safety and order.
• Direct the respondents to disclose the 12-page Local Intelligence Unit (LIU) report cited as the basis for the cancellation, and to provide the Dargah Management Committee and other stakeholders an opportunity to address the concerns raised therein, in accordance with principles of natural justice.
• Direct the UP Govt to formulate and implement transparent guidelines for administrative decisions concerning the permission and management of government-notified religious and cultural fairs, ensuring stakeholder consultation, objective criteria, and adherence to constitutional principles of equality and freedom of religion.
• Issue an interim order directing the respondents to refrain from taking any further coercive or restrictive actions against the organization of the Jeth Mela 2025, pending the final disposal of this petition.