The Lucknow bench of the Allahabad High Court on Friday questioned the maintainability of a petition challenging the local administration’s order restraining the organisation of the annual Urs at the dargah of Sayed Salar Masood Gazi in Bahraich.
The division bench of Justices A.R. Masoodi and A.K. Srivastava (Ist) asked the petitioners to first establish their locus standi—their legal right to sue in the matter—before the court could proceed to hear the case on merits. The court granted time and scheduled the next hearing for May 19.
The petition was filed by Waqf Number 19 Dargah Sharif, Bahraich, which claims to be the rightful organiser of the annual Urs festivities. Senior advocate L.P. Mishra, appearing for the petitioners, argued that the ban on organising the religious event was arbitrary and discriminatory. He further contended that if religious congregations like the Kumbh Mela are permitted, then prohibiting the Urs constitutes religious discrimination and violates Article 25 of the Constitution, which guarantees the right to freely profess and practice religion.
However, the bench remained firm, stating that the court must be satisfied regarding the maintainability of the petition before delving into the substantive issues raised. “Without being satisfied with this aspect, we will not proceed further,” the bench told Mishra.
Seeking urgency in the matter, Mishra requested the court to list the case for hearing on Saturday and assured that he would furnish the necessary documents to prove the petitioners’ standing. The bench, however, declined the request citing that Saturday was a court holiday, but permitted Mishra to approach the Chief Justice with an application for constitution of a special bench, if necessary.
