Justice A J Desai was hearing the petition filed by Madresa Madintul Ulum Ehle Sunnat Val Jamaat. The court held that every citizen has a fundamental right guaranteed by Article 19(1)(b) (right to assembly) of the Constitution to participate in a procession peacefully and without arms.
The court directed the Sub Divisional Magistrate to grant necessary permissions. If any person has any objection, he or she may not participate, but can not prevent others, the court said. If the state apprehends any disturbance, it can impose conditions for regulating the route, or the use of loud speakers, and even may obtain a bond from the persons likely to create disturbance, the court said.
The petitioner had submitted an application to the District Superintendent of Police on December 18, seeking permission, but it was denied, on the ground that members of another community had taken objection.