Permission cancellation for religious event based on FIR for "Black Magic Act" violation quashed.

The Petitioner, Hope of Glory Ministry Trust, organized an event called "Maharashtra Prayer Festival, 2026" from March 13, 2026, to March 15, 2026

The Trust applied to Respondent No. 2-MIDC for permission and deposited Rs. 1,69,920/- as occupation charges and Rs. 1,44,000/- as a deposit.

MIDC granted permission on March 10, 2026

Other authorities, including Gram Panchayat - Kavalapur, Sangli Miraj and Kupwad City Municipal Corporation (including Fire Brigade), and Sangli Rural Police Station for loudspeaker use, also granted permission

The Sangli Rural Police Station initially granted permission on March 7, 2026, then cancelled it on March 9, 2026

The Petitioner filed a detailed reply on March 11, 2026

after which the Police Inspector, Sangli Rural Police Station, again granted permission on March 12, 2026

The event commenced on March 13, 2026

However, on March 14, 2026, at 02:00 a.m., the Petitioner was informed that the permission had been cancelled again via orders dated March 13, 2026, from Respondent No. 1 and Respondent No. 2

The Petitioner contended that approximately 50,000 persons were attending the event and that the cancellation affected their fundamental rights

An FIR, CR No. 80 of 2026, was registered under Section 3(2) of the Black Magic Act and Sections 223 and 3(5) of the Bharatiya Nyaya Sanhita, 2023

The court primarily considered the fundamental rights enshrined in the Constitution of India, specifically Article 15 (prohibition of discrimination), Article 19 (freedom of speech and expression, assembly), Article 21 (right to life, including right to live with dignity), and Article 25 (freedom of conscience and free profession, practice, and propagation of religion)

It also referenced Article 26, concerning the right of religious denominations to manage their affairs

The court noted that these rights are subject to public order, morality, and health

The Maharashtra Prevention And Eradication Of Human Sacrifice And Other Inhuman, Evil And Aghori Practices And Black Magic Act, 2013 ("Black Magic Act") was also a point of contention due to the FIR

The court observed that the Police Authorities granted permission on March 7, 2026, cancelled it on March 9, 2026, re-granted it on March 12, 2026, and then cancelled it again on March 14, 2026, at 02:00 a.m. in the midst of the event

This abrupt and fluctuating action was deemed illegal and mala fide

The court found no substance in MIDC's initial reason for cancellation that the Petitioner had not produced various permissions, as the Petitioner had obtained permissions from Gram Panchayat, Municipal Corporation, Fire Brigade, and Police for loudspeakers

The court noted that MIDC's cancellation was solely based on the Police's action

Crucially, the court emphasized that even the FIR did not suggest a law and order situation, nor was such a contention raised by the AGP

The Petitioner's counsel argued that the alleged violations under the Black Magic Act were related to statements of individuals claiming improved health through prayer to "Yeshu," while undergoing medical treatment

The court acknowledged this interpretation but did not delve into the merits, as the Petitioner offered an undertaking to comply with the Black Magic Act

The court held that the abrupt cancellation of an event attended by 50,000 citizens violated their fundamental rights to life, dignity, freedom of conscience, and the right to profess, practice, and propagate religion, especially in the absence of any disruption to public order

The Order dated March 13, 2026, issued by Respondent No. 1, cancelling the permission for the Maharashtra Prayer Festival, 2026, was quashed and set aside

The Order dated March 13, 2026, issued by Respondent No. 2-MIDC, was quashed and set aside, and the Petitioner was allowed to conduct the event as per the earlier permissions

The permission dated March 10, 2026, granted by Respondent No. 2-MIDC, and the permission dated March 12, 2026, granted by the Police Inspector, Sangli Rural Police Station, were restored

The Petitioner was directed to file an undertaking immediately through its Chairman, Dilip Sudhakar Bhore, stating that the provisions of the Black Magic Act would not be contravened or violated

Mr. Bhairu Talekar, Police Inspector, Sangli Rural Police Station, was directed to act as a Vigilance Officer in terms of Section 5 of the Black Magic Act and take steps in accordance with the law