Anjuman Ghulam E Mustafa through Its President Tilat Ahmed Vs Deputy Commissioner of Police South Delhi New Delhi & Anr.

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$~104

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 13452/2025 ANJUMAN GHULAM E MUSTAFA THROUGH ITS PRESIDENT TILAT AHMED .....Petitioner

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Through: Mr. Pawan Kumar, Adv.

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versus

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DEPUTY COMMISSIONER OF POLICE SOUTH DELHI NEW DELHI & ANR. .....Respondents Through: Ms. Iram Majid and Mohd. Suboor, Advs. for R-1 and 2. Mr. Raghavendra Upadhyay, Panel Counsel, Ms. Purnima Jain and Ms. Nandini Singh, Advs., GNCTD.

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CORAM:

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HON'BLE MR. JUSTICE SACHIN DATTA O R D E R % 02.09.2025

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CM APPL.55320/2025 (Exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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W.P.(C) 13452/2025

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The petitioner, Anjuman Ghulam-E-Mustafa Committee, is an educational and recognized religious and social organization comprising members of the local Muslim community.

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The petitioner claims to have organized peaceful processions on the occasion of Malid-un-Nabi every year without any disruption or incident.

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It is submitted that the petitioner submitted a written application dated 17.08.2025 before the respondent no.1 for taking out a religious procession on 05.09.2025 (Friday) from 08.00 AM to 01.00 PM, starting and ending at

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/09/2025 at 14:52:13

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Jamun Wala Park, covering the following route: Khirti Village Sai Mandir – Jahapannah – Malviya Public School – Khan Juice Corner – Gol Chakker Malviya Nagar – Kumhar Basti.

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The application is supported by previous permission letters, assurance of compliances with traffic and civic norms and commitment to deploy sufficient volunteers for crowd management and coordination with local police. The permission was refused by the respondent no. 1 without assigning any cogent, valid or written reason. It is submitted that the same is arbitrary and results in violation of the fundamental rights of the petitioner under Article 19(1)(a), 19(1)(b) & 25 of the Constitution of India.

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Learned counsel for the respondents, who appears on advance notice submits that the office of Deputy Commissioner of Police vide communication dated 27.08.2025, as intimated as under:

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“ To,

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Tilat Ahmed (9811873136) Anjuman Ghulam-E-Mustafa, Jahan Panah, Hauz Rani, Malviya Nagar, New Delhi-110017 (Through SHO/Malviya Nagar)

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Subject: - Regarding permission for organizing "Juloos" on the Eve of Miladun-Nabi on 05.09.2025.

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Sir,

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With reference to your application dated 18.08.2025, on the subject cited above, I am directed to inform that your request permission for organizing “Juloos” on the Eve of Milad-un-Nabi on 05.09.2025 has been considered in this office but the same could not be acceded from law & order point of view.

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-sd-

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It is further submitted that for the purpose of granting permission to

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/09/2025 at 14:52:13

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hold the procession, approval of the Special Branch, Delhi Police will be required.

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It is noted that in Arvind Mishra vs. The Commissioner of Police & Ors. in W.P.(C) 4017/2025 dated 09.04.2025, in the context of permission being sought for holding of procession on the occasion of Hanuman Jayanti, this Court issued the following directions:

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“ 8. Learned standing counsel appearing for the respondents also submits that in the event of a fresh application being submitted by the petitioner, clearly setting out the route and duration of the procession proposed to be held, the same can be considered by the concerned police authorities.

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9. It is noteable that the learned standing counsel appearing for the respondents has himself referred to a judgment of the Madras High Court1 in which, the Court frowned upon denial of permission for holding a religious procession on the ground of difficulty expressed by the district administration (in that case) for making necessary arrangements for the peaceful conduct of the procession. Attention in this regard has also been drawn to a judgment of the Calcutta High Court

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10. In the circumstances, the present petition is disposed of with liberty to the petitioner to submit a fresh application to the respondent for holding a procession on 12.04.2025, clearly setting out the route and the duration thereof.

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11. Respondents are directed to endeavour to consider the said application and take an appropriate and timely decision. The authorities may bear in mind that occurrence of an untoward incident in the year 2022, cannot necessarily preclude holding of procession/s on religious occasion/s, as per the prevalent practise in the previous years. It is incumbent on the respondents/police authorities to make adequate security arrangements for the said purpose. ”

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Learned counsel for the petitioner submits that as in the aforesaid case, the petitioner would clearly indicate the route and duration of the

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/09/2025 at 14:52:13

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procession proposed to be held and shall also confine the same to a reasonable number of people as may be directed by the police department. 11. Subject to the aforesaid being done, let the petitioner’s application be examined by the Special Branch, Delhi Police and / or the concerned senior officials of the Delhi Police and appropriate decision be taken and communicated to the petitioner, prior to the date on which the procession is to take place.

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Considering that the petitioner has agreed to confine the route, size and duration of the procession, it is hoped and expected that a favourable decision shall be taken prior to the 05.09.2025 under intimation to the petitioner.

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The petition stands disposed of in the above terms.

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Order dasti .

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SACHIN DATTA, J

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SEPTEMBER 2, 2025/ cl

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/09/2025 at 14:52:13

Anjuman Ghulam E Mustafa through Its President Tilat Ahmed v. Deputy Commissioner of Police South Delhi New Delhi & Anr.

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Anjuman Ghulam E Mustafa through Its President Tilat Ahmed v. Deputy Commissioner of Police South Delhi New Delhi & Anr.

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