Rafik Ahmad & ANR. v. Lieutenent Governor Of Delhi & ORS.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 17163/2024 & CM APPL. 72851-52/2024 RAFIK AHMAD & ANR.
.....Petitioners Through:
Mr Kamlesh Kumar Mishra, Mr Nitin Kumar, Ms Renu, Ms Snigdha Anand and Mr Fareed Uddin, Advocates.
versus LIEUTENENT GOVERNOR OF DELHI & ORS.
.....Respondents Through:
Ms Hetu Arora Sethi, ASC with Mr Arjun Basra, Advocate for the GNCTD.
Ms Monika Arora, CGSC, Mr Subhrodeep Saha and Ms Radhika Kurdukar, Advocates for Delhi Police with Inspector Pankaj, SHO, PS H N Din.
Mr Manu Chaturvedi, SC for MCD.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
O R D E R
% 13.12.2024 1.
The petitioners have filed the present petition, inter alia, praying that directions be issued to the respondents to call for the necessary arrangements to be made for peaceful organization and conduct of an event known as "Chariyon Ka Mela" organized by Mishkin Jamat. The petitioners state that people from across the country would gather at 554/2, Mazhar Park, Near Barat Ghar, Dargah Hazrat Mohammad Ajeez Gazi Baba, DDA Park, Nizam Nagar, Basti Hazrat Nizamuddin Auliya, New Delhi-110013, as a part of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
their spiritual journey on foot to Ajmer Sharif. They state that the said event would commence on 13.12.2024 and will continue till 16.12.2024. 2.
The present petition was moved yesterday. We had issued notice to the respondents and had called for a response from the respondents. A status report has been handed over by the learned counsel appearing for the police authorities. Paragraphs 3 and 4 of the said status report are important and set out below:- "3. That subsequently, the petitioner made a representation to the MCD, ward Councilor of Nizamuddin, for permission to hold the Religious Event "Mishkin Jamat" at the above location upto 3rd January 2025. However, no permission has been granted to the petitioner so far.
4.
That, the petitioner also made another representation to the Lieutenant Governor to hold "Chadiyon ka Mela" Religious Event "Mishkin Jamat" at the above location and further to provide water, tent, washrooms and other necessities to accommodate people who will gather for Mishkin Jamat at the aforementioned site from December 3, 2024, to January 3, 2025. However, no permission has been granted to the petitioner so far."
3.
It is apparent from the above that the petitioners have made representations to the concerned authorities, however, the permission for holding the event has not been granted as yet. Considering the event is proposed to start from today, we request the concerned authorities to consider the petitioners' representation and communicate its decision on an urgent basis.
4.
In so far as the preserving the law and order is concerned, the status The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
report indicates that, as a precautionary measure, a request has already been sent to the police headquarters for providing outside force to ensure proper law and order arrangements for the event.
5.
Ms Arora, learned counsel appearing for the police authorities submits that the petitioners were required to seek permission through proper channels, however, the same has not been made. 6.
The petitioners state that, as pointed out by Ms Arora, they shall immediately move a request for the permission during the course of the day to the Deputy Commissioner of Police, South-East District. 7.
Needless to state that as and when the request is received, the same would be processed in accordance with law and prevailing policies. 8.
The petition is disposed of in the aforesaid terms. Pending applications also stand disposed of.
VIBHU BAKHRU, ACJ TUSHAR RAO GEDELA, J DECEMBER 13, 2024 M Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.