"First-time event": Calcutta High Court declines to pass order to allow Hanuman Chalisa recital at Red Road

The Calcutta High Court on Friday refused to pass an interim order granting permission to a body by the name Hindu Sewa Dal (petitioner) to conduct a Hanuman Chalisa recital on the occasion of Hanuman Jayanti at Red Road in Kolkata on April 12..Hanuman Chalisa is a poetic work dedicated to Lord Hanuman in which the virtues, valour and character of Lord Hanuman are extolled. The petitioner moved the Court after the police declined permission to organise Hanuman Chalisa recital on April 12 from 5 AM with around 3,000 participants.Single-judge Justice Tirthankar Ghosh observed that when a right to hold a religious practice at a public place is claimed for the first time, such a right must be established before a court of law once the administration refuses permission."Why is Red Road is being used? Custom, culture? I have got no issues, but you have to establish rights...I don't accept this...file your affidavits...I will not listen to the police also creating ground for stupid reasons."The Court emphasized that this determination cannot be made without the exchange of affidavits. Accordingly, it directed the parties to file affidavits on the issue but refused to grant any interim relief..During the hearing, the petitioner submitted that April 12 marks the birth anniversary of Lord Hanuman and therefore, holds significant religious importance making it an appropriate day for the event.It was further stated that similar events such as the annual Durga Puja festival are permitted on the same road without objection from the police. The petitioner also pointed out that the proposed venue is army-owned property for which the necessary permissions have already been obtained.To this, the Court remarked "Your contention is because other community was allowed, therefore you must be given permission as well...establish your rights.""They can give to some other person but they can't give to us," the counsel replied."Again you are saying the same reason," the Court said.It was further argued that the role of the police is to maintain law and order, and since the program is scheduled between 5AM and 11AM, it is unlikely to cause any disruption.Opposing the same, the State contended that for a first-time event at a public venue, the petitioner must demonstrate a right to hold such a gathering. It was further argued that unless the location holds essential religious significance, no individual can claim access to a public venue as a matter of right.Taking into account the submissions, the Court declined the interim prayer seeking permission to hold the event on Red Road on April 12.