State Can't Obstruct Rituals Recognized Since Time Immemorial & Promoting Cultural Harmony On Trivial Grounds: Allahabad HC

The Court observed that such practices, which have been recognised since time immemorial, cannot be obstructed by the State on 'trivial' grounds, especially when they promote 'cultural harmony' in the Society.

The Court added that sometimes observance of such usages and customs does not appeal to reason, but at the same time, all such practices “cannot be obstructed”, particularly those which assume a ritualistic model amongst the masses, bringing harmony and peace to the society.

A bench of Justice Attau Rahman Masoodi and Justice Subhash Vidyarthi underscored that rituals and usages often transcend logic or scientific reasoning and thus, are protected under Article 25 of the Constitution.

“Rituals and usages know no boundaries and sometimes they reach the zenith of faith at a particular shrine or a religious place of worship…they are driven by the ritualistic practices and usages performed at the shrines or religious places which are perceived and experienced to be a spiritual source of conscience protected under Article 25 of the Constitution of India which promotes composite constitutional morality,” it said.

It is in this backdrop that the division bench cautioned against judicial interference with such ritual practices, unless they pose a threat to public order or state security.

It remarked thus:

“The Constitutional Courts must desist to comment on the righteousness of such rituals in contrast to reason or science except that the rituals and usages on practice ought not to threat the public order or security of the State”.

The bench made these observations while disposing of the pleas, including a writ filed by the Committee of Management of Dargah Sharif, noting that the DM's order denying permission for organizing the Mela had “lost its efficacy" as the period of the Mela was already over and the interim arrangement permitted by the Court had ensured ritual observance without incident.

It may be noted that on May 17, the High Court had reserved the judgment on the petitions while refusing (for then) to interfere with the UP Government's decision.

The Court had, however, as an interim measure, permitted the routine activities at Dargah Sharif for carrying out the ritualistic practices.

Referring to the peaceful conduct of rituals under the interim arrangement it had put in place, the Court said the outcome had “brought optimum good to the devotees” and “safeguarded the concern expressed by the State”.

Case title - Waqf No.19 Dahgah Sahrif Thru. C/M Of Dargah Sharif Bahraich By Chairman Baqaullah And 5 Others vs. State Of U.P. Thru .Addl. Chief Secy. Deptt. Home Lko. And Another 2025 LiveLaw (AB) 257

Case citation: 2025 LiveLaw (AB) 257

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