Objection By Member Of A Community Doesn't Take Away A Person's Right To Pray As Per His Religion Under Article 25: Madhya Pradesh HC
Live LawAllowing a plea for conducting a New Year programme for the Christian Community which was opposed by the Vishva Hindu Parishad, the Indore Bench of Madhya Pradesh High Court observed that merely on the basis of certain objections raised by a member of one community, a person cannot be denied the right to assemble and pray as per his religion guaranteed under Article 25 of the Constitution. Justice Subodh Abhyankar observed, “…the petitioner has been conducting such programme since last more than couple of years, which is also evident from the documents filed on record, and in such circumstances, merely on the basis of certain objections raised by the member of one community, the right of the petitioner to assemble and pray as per his religion as guaranteed under Art.25 of the Constitution, cannot be taken away. However, the petitioner was later served another order issued by the S.D.M informing him that on account of certain objections raised by Vishva Hindu Parishad, Malwa Region, District Jhabua, it appears that the programme to be conducted by the petitioner, would cause disturbance and communal harmony, hence, the permission earlier granted to the petitioner was rejected. Thus, his right to assemble and pray as per his religion cannot be taken away merely on certain objections raised by member of another community.