Authority: High Court at Calcutta, Special Civil Jurisdiction (Appellate Side)
Order Date: 25 June 2026
Case Overview
- Petitioner: Khajutty Sufism Madaria Organisation, represented by its Assistant Secretary, seeks permission to hold a Muharram procession on 26 June 2026 under Bagnan Police Station, Howrah Rural District, and to culminate at Khajuti Amtala Karbala Sarif.
- Respondent No.7: President of another Muslim religious organisation, Sufism Madaria Organisation, represented by Senior Advocate.
- Respondents: State of West Bengal and others.
- The petition relies on an earlier judgment in WPA 14724 of 2025 (Sufism Madaria Organisation vs State of West Bengal) which permitted Muharram processions but required culmination at a Darga, not at Khajuti Amtala Karbala Sarif, and imposed procedural conditions.
- Police communication dated 24 June 2026 highlighted pending criminal and civil proceedings and rivalry between the organisations.
- Core issue: Whether the petitioner may be permitted to culminate the procession at Khajuti Amtala Karbala Sarif.
Final Outcome
- The Court affirms the 2025 judgment and directs both petitioner and respondent No.7 to hold their Muharram processions on 26 June 2026, with the rider that the processions must culminate at a Darga as decided by the police, not at Khajuti Amtala Karbala Sarif.
- Additional conditions:
1. Total participants shall not exceed approximately 750; organisers must announce the limit.
2. Each organisation must nominate ten responsible persons; mobile numbers of these persons must be submitted to the Inspector‑in‑Charge, Bagnan Police Station by 10 pm on the day of the order.
3. No arms, weapons, lathi, swords, knives, sticks, or any tool of violence may be carried.
4. No foul language or incitement to violence is permitted.
5. Sound system limited to normal levels; no disc jockey allowed; pollution norms to be observed.
6. Processions must proceed continuously without halting.
7. Police shall grant permissions at different times to avoid overlap between organisations.
8. Police may disperse the procession for any violation; adequate police force to be deployed on Muharram day.
- Parties are directed to communicate this order to the concerned police authorities without waiting for a server copy; a certified copy shall be provided on undertaking.
Topics: Religious Procession, Court Order