Mission Save Constitution, an organisation founded by Advocate Mehmood Pracha, claims to work on raising awareness about constitutional rights, particularly among marginalised groups. However, the court observed that the period from the end of Shradh to Diwali holds immense significance for the Hindu community and that the organisation’s posters indicated potential communal and religious overtones in the event.
The court refused permission for the October 29 event, noting the presence of several festivals during that time. Justice Subramonium Prasad stated, “Though the event has been styled for the purpose of educating people about their constitutional rights, the tenor of the posters suggests that the event may have communal overtones, which could lead to increased communal tensions in the Old Delhi area.”
The court acknowledged the sensitivity of the Old Delhi area, where people of various religions coexist, and emphasised that the possibility of communal tension could not be ignored.
The court further stated, “Though Article 19(1)(a) & (b) of the Constitution of India grants freedom of speech, the potential for the event to create a law and order situation resulting in loss of lives and property is an important factor that must be considered by law enforcement agencies.” Therefore, the court deemed the reasons in the police’s letter dated October 16, 2023, as not arbitrary.
However, the court left open the possibility for the authorities to reconsider the organisation’s request for permission after the festive season ends. The court suggested that the organisation’s fresh plea for permission would be evaluated on its own merits, provided it provides a list of speakers and assures that the meeting will not incite communal tension.
The proposed event, scheduled for October 29, aimed to initiate a series of events focusing on the empowerment of weaker sections, including the Muslim community and other minority groups such as Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC). The organisation argued that it intended to raise the voices of all oppressed individuals at the meeting.
Mission Save Constitution had contested the Delhi Police’s decision to revoke the previously granted permission. This decision followed the organisation’s refusal to alter the nature of the call made for the meeting. The organisation claimed that the police’s letter revoking the permission had “serious legal and constitutional infirmities” and should be set aside.
The organisation’s plea contended, “That the Muslim community is one of the weaker sections of society and is being attempted to be used as a fulcrum for polarising the Indian Polity, similar to other weaker sections such as Scheduled Castes, Scheduled Tribes, Other Backward Classes, and other religious minorities.”
The Delhi High Court’s decision underscores the significance of upholding the rule of law and preserving peace and stability in the national capital. As the legal proceedings continue, it remains to be seen how this development will impact future events and the broader discourse surrounding religious public gatherings and their regulation in the country.
