Court affirms administrative right to maintain public order by revoking provisional permission for 2025 national convention; Petitioners permitted to seek fresh approval for 2026 event following prescribed guidelines.
In a significant judgment dated August 24, 2026, the Orissa High Court, presided over by Justice B.P. Routray, upheld the cancellation of permission granted provisionally to the All India Backward (SC/ST/OBC) and Minorities Communities Employee's Federation (BAMCEF) and Bharata Mukti Morcha (BMM) for holding their 42nd National Convention and 15th BMM Convention scheduled from December 26 to 30, 2025, at the Lower Baliyatra Ground, Cuttack.
The cancellation order issued by the Deputy Commissioner of Police, Cuttack, was challenged by the petitioners through a writ petition (W.P.(C) No. 37240 of 2025), seeking to set aside the revocation and to allow the convention as originally planned. The petitioners also sought permission to hold the convention anew from December 26 to 30, 2026.
The Court noted that the permissions earlier granted to the petitioners were provisional, subject to final approval by the Collector-cum-District Magistrate, which had not yet been accorded. The pivotal reason for cancellation was the circulation of a viral video clip on social media, allegedly uploaded by a member of the petitioners' organization, containing provocative and divisive statements that could potentially disturb communal harmony in a communally sensitive area like Cuttack. Given recent instances of communal unrest, the administrative authorities deemed it necessary to revoke the provisional permission to maintain public peace and order.
Justice Routray emphasized that the right to peaceful assembly under Article 19(1)(b) of the Constitution of India is subject to reasonable restrictions in the interest of public order. The Court referred to landmark Supreme Court judgments such as Himat Lal K. Shah v. Commissioner of Police, Ahmedabad (1973), Amit Sahni v. Commissioner of Police (2020), Mazdoor Kisan Shakti Sangathan v. Union of India (2018), and the Ramlila Maidan Incident (2012) to underscore the balance between the fundamental right to assemble and the necessity to regulate such assemblies to prevent public inconvenience and maintain communal harmony.
The Court found no arbitrariness in the administrative decision, especially since the petitioners had been given a show-cause notice and an opportunity to respond before cancellation. While the Court confirmed the cancellation, it also allowed the petitioners to apply afresh for holding the convention in December 2026, subject to compliance with the Standard Operating Procedure (SOP) issued on March 7, 2026, for public gatherings at the Lower Baliyatra Ground. The fees already deposited by the petitioners were directed to be adjusted against the fresh application.
This judgment clarifies the scope of administrative powers in regulating public assemblies and reiterates the constitutional principle that the right to assemble peacefully is not absolute and must be exercised with due regard to public order and safety concerns.
Bottom Line:
Permission to hold a public convention canceled based on a viral video perceived as divisive and provocative - Court upheld the administrative decision to ensure public peace and order but allowed the Petitioners to apply afresh under prescribed guidelines.
Statutory provision(s):
Article 19(1)(b) of the Constitution of India, Standard Operating Procedure (SOP) for public gatherings issued on 07.03.2026.
This report captures the essence of the Orissa High Court's judgment balancing the fundamental right to peaceful assembly with the administrative responsibility to maintain public order, while granting the petitioners an opportunity to organize their convention lawfully in the future.
