Court holds arbitrary cancellation of Garba event unlawful; directs petitioner to comply with strict safety measures alongside annual Rawan Dahan festivities
In a significant ruling delivered on October 10, 2026, the Bombay High Court (Aurangabad Bench, Division Bench) reinstated the permission granted to Marathi Wadal Pratishthan to organize the Navratri Garba at Ramlila Maidan in Chhatrapati Sambhajinagar. The Court set aside the sudden cancellation of the permission by the municipal corporation, which was initially granted on October 8, 2026, but rescinded the very next day citing law and order concerns related to the annual Rawan Dahan event held on the same ground.
The petitioner, Marathi Wadal Pratishthan, had sought permission to conduct Garba from October 11 to October 20, 2026, after having organized similar festivities for the past ten years at a nearby location. The Assistant Commissioner had granted permission, including approval to collect donations. However, the municipal corporation revoked this approval on the ground that the anticipated crowd, especially during the Rawan Dahan on Dasshera day, posed a risk to public safety and law and order.
The Court, presided by Justices Kishore C. Sant and Jitendra Jain, found the cancellation order to be arbitrary and unsustainable. It noted the absence of any concrete material or police intelligence indicating a specific threat to public order. The Court emphasized that mere apprehension of a large crowd does not constitute a law and order problem warranting outright denial of permission for a cultural event.
Acknowledging the concerns raised by the corporation regarding the use of firecrackers in the Rawan effigy and the risks involved, the Court balanced these concerns with the right to hold the cultural event. It directed the petitioner to adhere to several stringent conditions to ensure safety and minimize disruption. These include limiting the Garba event to only 10% of the total ground area, covering the Garba area with iron sheets, making arrangements for fire brigade presence, maintaining permissible noise levels, and concluding daily festivities by 10:00 p.m.
Further, the petitioner is required to nominate two responsible persons who would be accountable for any untoward incidents or damages arising from the event. The Court also mandated a donation of Rs. 21,000 towards the drought fund, payable by October 13, 2026.
The Court urged the parties to jointly identify the precise location within the ground to be used for the event and directed the municipal corporation to facilitate this allocation. The judgment highlights the judiciary's role in ensuring that administrative authorities do not arbitrarily curtail cultural and religious freedoms without substantive justification and that public safety concerns are addressed through reasonable regulatory measures rather than outright prohibitions.
This decision is a notable affirmation of the right to cultural expression, balanced carefully against public safety and administrative concerns.
Bottom Line:
Permission granted for Garba at public ground could not be arbitrarily cancelled on the very next day merely on vague apprehension of law and order situation due to expected crowd and annual Rawan Dahan event - Such concerns can be addressed by imposing strict safety and regulatory conditions.
Statutory provision(s):
Article 226, Constitution of India
