DEEPIKA JITENDRA BHASKAR vs MUNICIPAL CORPORATION OF GREATER MUMBAI, THRU. ITS COMMISSIONER,

2026:BHC-KOL:1762-DB
01-WP(ST)-2125-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION (STAMP) NO.2125 OF 2026
Hope of Glory Ministry Trust
through its Chairman Dilip Bhore ...Petitioner
Versus
The State of Maharashtra & Anr. ...Respondents
——————
Mr. Kuldeep Nikam a/w Pratik Patil, Unmesh Jamdar i/b Akash B. Dalvi,
for the Petitioner.
Mr. A. A. Naik, AGP, for the Respondent No.1-State.
Ms. Shyamali Gadre, for the Respondent No.2-MIDC.
——————
Coram: Madhav J. Jamdar &
Pravin S. Patil, JJ.
Date: March 14, 2026 [Saturday]
JUDGMENT:
1. Heard Mr. Nikam, learned Counsel appearing for the Petitioner,
Mr. Naik, learned AGP, for the Respondent-State of Maharashtra and
Ms. Gadre, learned Counsel appearing for Respondent No.2-MIDC.
2. By the present Writ Petition iled under Article 226 of the
Constitution of India, the challenge is to the legality and validity of the
Notices/Orders dated 9th March 2026 and dated 13th March 2026
issued by Respondent No.1 as well as Communication/Order dated
13th March 2026 of the Respondent No.2-MIDC.
3. Mr. Naik, learned AGP, tenders a letter dated 13th March 2026 of
the Maharashtra Industrial Development Corporation (“ MIDC ”) by
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which earlier permission granted on 10th March 2026 has been
revoked.
4. Apart from that, Mr. Nikam, learned Counsel, states that a letter
dated 12th March 2026 granting permission and dated 13th March
2026, by which Police Inspector of Sangli Rural Police Station has
withdrawn the permission, has remained to be annexed as exhibit. Mr.
Nikam, learned Counsel also seeks leave to amend the prayer clauses.
5. Accordingly, leave as sought is granted. Amendment be carried
out forthwith. Reveriication is dispensed with.
6. As the impugned Order is dated 13th March 2026 and served on
the Petitioner on 14th March 2026 at 02:00 a.m. and as per the
contention of the Petitioner, has afected the fundamental rights of
the persons who have gathered at an event organized by the
Petitioner-Trust the same is urgently mentioned. It is the submission of
Mr. Nikam, learned Counsel that about 50,000 persons are attending
the said event scheduled to be held from 13th March 2026 to 15th
March 2026 and the said event was performed on 13th March 2026 and
on 14th March at 02:00 a.m. the Police Authorities have informed the
Petitioner that the permission granted for performing the said event
has been cancelled and, therefore, the present Writ Petition has been
iled on 14th March 2026.
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7. In view of the urgency, the permission has been granted to
accept the iling of the Writ Petition today i.e. 14th March 2026 and in
view of the urgency, the Petition is taken up for hearing immediately.
8. This Petition was heard about 1 hour ago and at that time, Mr.
Naik, learned AGP, tendered an Order dated 13th March 2026 issued by
Respondent No.2-MIDC and also Mr. Naik, learned AGP tendered an
Order dated 13th March 2026 issued by Respondent No.1, Police
Inspector, Sangli Rural and, therefore, leave to amend has been
granted and the Petitioner was directed to serve the MIDC.
Accordingly, Ms. Gadre, learned Counsel appeared for Respondent
No.2-MIDC.
9. Perusal of the record shows that the Petitioner-Trust is
registered under the Maharashtra Public Trusts Act, 1950 and claims to
be organizing various events with respect to the development of the
society and also involved in cultural and religious activities. The
Petitioner-Trust organized an event called as “Maharashtra Prayer
Festival, 2026”.
10. Perusal of the record shows that the Petitioner had applied to
the Respondent No.2 - MIDC seeking permission to organize the said
event from 13th March 2026 to 15th March 2026 and also deposited
with Respondent No.2 - MIDC an amount of Rs.1,69,920/- as occupation
charges as also deposit of Rs.1,44,000/-. Respondent No.2 - MIDC
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accordingly granted permission on 10th March 2026 for user of their
premises for conducting the said event. Thereafter, following
Authorities granted permission:
i. Gram Panchayat - Kavalapur, Taluka - Miraj, District - Sangli
(Pages 25-26).
ii. Sangli Miraj and Kupwad City Municipal Corporation including of
Fire Brigade Department dated 10th March 2026 (Pages 27-28).
iii. Sangli Rural Police Station, Sangli dated 7th March 2026 for user
of the loudspeaker (Pages 28-29).
11. The Petitioner has annexed to the Writ Petition, a letter dated
10th March 2026 of Security Services Private Limited (Pages 31-32)
which shows that for assisting the Police Authorities including traic
control and other aspects about 140 private security personnel were
appointed to assist the Police Authorities. The Petitioner has also
annexed various documents showing that ABC Fire Extinguisher has
been installed at the said place by the Petitioner.
12. Perusal of the record further shows that on 9th March 2026,
Police Inspector of Sangli Rural Police Station cancelled the permission.
One of the important term and condition of the said cancellation letter
dated 9th March 2026 is Clause No.6, which reads as under:
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13. The Petitioner iled a detailed Reply dated 11th March 2026 to
said Notice/Cancellation Order dated 9th March 2026 and inter alia,
stated as follows:
14. In view of the Reply dated 11th March 2026 of the Petitioner, the
Police Inspector, Sangli Rural Police Station again granted permission
dated 12th March 2026 on certain terms and conditions. Clause Nos.3,
4, 5, 6 and 8 of the said permission are relevant and reads as under:
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15. Accordingly, the said event was performed on 13th March 2026.
It is the contention of the Petitioner that on 14th March 2026 at 02:00
a.m. they were called in the Police Station and the Petitioner was
informed that the permission is again cancelled. The said Notice/Order
dated 13th March 2026 is at Pages 54-55 of the Petition. The relevant
Clauses of said Notice/Order dated 13th March 2026 are Clause Nos.1,
2 and 7, which read as under:
16. Mr. Naik, learned AGP, submits that, in fact FIR being CR No.80 of
2026 is also registered with the Sangli Rural Police Station, District -
Sangli for the ofences punishable under Section 3(2) of the
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Maharashtra Prevention And Eradication Of Human Sacriice And Other
Inhuman, Evil And Aghori Practices And Black Magic Act, 2013 (“Black
Magic Act”) and Sections 223 and 3(5) of the Bharatiya Nyaya Sanhita,
2023 . Therefore, Mr. Naik, learned AGP, submitted that the action
taken by the Police Authorities is properly taken. It is his submission
that the action is legal and, therefore, no interference in the impugned
Notices/Orders is warranted.
17. Ms. Gadre, learned Counsel appearing for Respondent No.2-
MIDC, submitted that on the basis of the action taken by the
Respondent No.1-Police Authorities, Respondent No.2 has cancelled
the permission. She further submitted that in fact various permissions
are also not produced by the Petitioner before the Respondent No.2.
18. Before considering the contention of Mr. Naik, learned AGP that,
as there is FIR has been iled, the permission is withdrawn, it is required
to note that, as set out herein above the permissions of the Authorities
have been taken by the Petitioner, including of (i) Gram Panchayat,
Kavalapur, Taluka - Miraj, District – Sangli, (ii) Sangli Miraj and Kupwad
City Municipal Corporation including permission from Fire Brigade
Department, (iii) permission for user of the loudspeaker by Sangli Rural
Police Station and other permissions. Thus, there is no substance in the
irst reason given by the Respondent No.2-MIDC.
19. It is also required to be noted that pursuant to the permission
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granted by the Respondent No.2-MIDC, event was conducted on 13th
March 2026 and thereafter the action has been taken by the MIDC, as
the Police Authorities have taken action. Thus, the only reason which is
insofar as MIDC is concerned, is permisison given by the Police, has
been cancelled.
20. Thus, the only issue which is required to be considered is
whether the action by the Police in cancelling the permission is legal
and valid.
21. As already set out herein above, on 7th March 2026, permission
has been granted by the Police Inspector, Sangli Rural Police Station.
Thereafter, the same was cancelled on 9th March 2026. It is signiicant
to note that the detailed Reply was iled on 11th March 2026 and again
said permission was granted on 12th March 2026. Accordingly, on 13th
March 2026 the event was conducted and again the permission was
withdrawn or cancelled by Order dated 13th March 2026. It is the
contention of the Petitioner that the same was done on 14th March
2026 after 02:00 a.m..
22. Mr. Naik, learned AGP, has strongly relied on the FIR dated 14th
March 2026 bearing CR No.80 of 2026. The said FIR as already noted
has been iled inter alia under Section 3(2) of the Black Magic Act. The
relevant portion of the said FIR is as follows:
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23. Thus, even if the entire FIR is read as it is, then also it is clear that
it is not the contention of even the Police Authorities that there is any
law and order situation. Even before us also no contention is raised
that law and order is disturbed. In fact, there is nothing on record to
show that any statement has been made in the said event which afects
the law and order situation and there is any criticism of other religion
or religious places and religious belief of people belonging to other
religion.
24. Article 15 of the Constitution of India, prohibits discrimination on
grounds of religion, race, caste, sex or place of birth. Article 19
protects freedom of speech and expression, to assemble peaceably
and without arms, to form associations or unions, to move freely
throughout the territory of India, to reside and settle in any part of the
territory of India and to practise any profession, or to carry on any
occupation, trade or business. Article 21 protects right to life. Article
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25 protects freedom of conscience and free profession, practice and
propagation of religion. Article 25(1) provides that subject to public
order, morality and health and to the other provisions of Part-III of the
Constitution of India, all persons are equally entitled to freedom of
conscience and the right freely to profess, practise and propogate
religion. Article 26 provides that, subject to public order, morality and
health, every religious denomination or any section thereof shall have
the right, to establish and maintain institutions for religious and
charitable purposes and to manage its own afairs in matters of
religion.
25. The Supreme Court in number of decisions has held that religious
faith and the performance of the rites, customary practices and
observances constitute one’s fundamental rights guaranteed under
Articles 25 and 26 of the Constitution of India.
26. This is a case where, on 7th March 2026, Police granted
permission. Thereafter, cancelled the said permission on 9th March
2026 and thereafter again granted the permission on 12th March 2026.
Accordingly, the event was performed on 13th March 2026. The event
was to be performed from 13th March 2026 to 15th March 2026 and
suddenly on 14th March 2026 at 02:00 a.m., Police informed the
organizers of said event that the permission is being cancelled. The
said cancellation was abrupt. It is required to be noted that about
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50,000 persons are attending the said event.
27. It is the submission of Mr. Nikam, learned Counsel for the
Petitioner that even a perusal of the FIR shows that there is no
violation of the Black Magic Act. It is his submission that what has been
done is that cancer patients and patients sufering from hernia and
other ailments have made speeches in the said event stating that they
made prayers to the “Yeshu” and their health. Mr. Nikam, learned
Counsel, however, submits that even there also it is stated that the said
patients are taking treatment. Mr. Nikam, learned Counsel, submits
that at the most it can be construed that in addition to the medical
treatment the said patients have also made prayers and, therefore,
their conidence has increased and resultantly their health has
improved.
28. Although these are the contentions raised by Mr. Nikam, learned
Counsel for the Petitioner, however, we need not go into the said
aspects, as Mr. Nikam, learned Counsel for the Petitioner, on
instructions, stated that the Chairman of the Petitioner-Trust - Dilip
Sudhakar Bhore will ile an undertaking in this Court immediately,
stating that the Petitioner will ensure that while performing the said
event, the provisions of the Black Magic Act are not violated.
29. As already noted herein above, granting permission to the said
event on 7th March 2026, thereafter, cancelling the said permission on
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9th March 2026 and again granting permission on 12th March 2026 and
in the midst of event again cancelling the said permission on 14th
March 2026 at 02:00 a.m. clearly shows that authorities are acting in
illegal and mala ide manner. It is very clear that the fundamental rights
of the citizens who have gathered for the said event, have been
violated.
30. Article 21 of the Constitution of India protects right to life. The
Supreme Court of India has expanded the scope of right to life. The
Supreme Court has held that right to life is not mere animal existence
but right to life includes right to live with dignity.
31. The members of the Petitioner-Trust and others i.e. about 50,000
persons have gathered for the said event are citizens of India. Thus,
abruptly cancelling the event, violates their fundamental right to life,
which includes right to live with dignity. It is their right to freedom of
conscience and the right freely to profess, practise and propagate
religion. Of course, the same has to be subject to public order, morality
and health and to the other provisions of law.
32. As already noted herein above, even it is not the contention of
the State of Maharashtra that due to the said event there is law and
order problem. As far as the contention regarding violation of the
Black Magic Act, the Petitioner has certain point of view regarding the
same which has already been recorded herein above. In any case, the
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Petitioner is ready to give an undertaking that the provisions of the
Black Magic Act will not be violated.
33. Thus, in the facts and circumstances, the Writ Petition is disposed
of by passing following Order:
i. Order dated 13th March 2026 cancelling the permission granted
to the Petitioner for conducting the Maharashtra Prayer Festival,
2026 (Pages 54-55), is quashed and set aside.
ii. Order dated 13th March 2026 of Respondent No.2-MIDC (Pages
52-53), is quashed and set aside. The Petitioner to conduct the
said event as per said permissions.
Resultantly, permission dated 10th March 2026 granted by
iii.
Respondent No.2-MIDC (Pages 21-22) as also permission dated
12th March 2026 granted by Police Inspector, Sangli Rural Police
Station (Pages 43A-43B), stands restored.
iv. The Petitioner to ile an undertaking of the Chairman of the
Petitioner-Trust-Dilip Sudhakar Bhore, who has organized the
said event in this Court immediately to the efect that the
provisions of the Black Magic Act will not be contravened or
violated.
v. Mr. Bhairu Talekar, Police Inspector, Sangli Rural Police Station
shall act as a Vigilance Oicer in terms of Section 5 of the Black
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Magic Act and inter alia he will take steps in accordance with law.
34. The Writ Petition is disposed of in above terms with no order as
to costs.
35. Parties to act on ordinary copy of this Order.
[Pravin S. Patil, J.] [Madhav J. Jamdar, J.]
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