Procession rights are subject to executive restrictions on culmination points and strict police oversight to maintain communal harmony.

The petitioner, a religious organization, filed a writ petition seeking police permission to hold a Muharram procession on June 26, 2026, under Bagnan Police Station, Howrah.

Specifically, they sought to culminate the procession at Khajuti Amtala Karbala Sarif.

Respondent No. 7, representing a rival organization (Sufism Madaria Organisation), intervened, citing a previous High Court judgment regarding the same location.

The State authorities flagged concerns regarding existing civil and criminal proceedings and the history of rivalry between the two groups.

1. Whether the petitioner organization should be permitted to convene a Muharram procession and culminate the same at Khajuti Amtala Karbala Sarif.

The Court relied on the principle of res integra and judicial consistency, specifically applying the directions set forth in a coordinate Bench judgment dated July 4, 2025, in Sufism Madaria Organisation Vs. The State of West Bengal Ors. (WPA 14724 of 2025).

To maintain public order and streamline religious activities, processions could be allowed but restricted from culminating at Khajuti Amtala Karbala Sarif, directing them instead to a Darga as determined by police authorities.

The Court also exercised its jurisdiction to impose reasonable restrictions on the right to assembly to ensure public peace and sound pollution compliance.

The Court observed that the issue was largely settled by the 2025 judgment, which had not been interfered with by any higher forum.

Since the previous ruling specifically prohibited any applicant from culminating Muharram processions at the disputed Karbala Sarif to prevent conflict, the Court found no reason to deviate from this restriction.

To balance religious freedom with public safety, the Court applied a set of nine stringent conditions, including limiting the number of participants to 750, prohibiting the brandishing of weapons or "lathis," banning Disc Jockeys to comply with pollution norms, and requiring the appointment of responsible volunteers.

The timing of processions was left to police discretion to avoid "untoward incidents" between the rival factions.

The holding mandated strict adherence to nine specific conditions (limiting participants, prohibiting weapons/sound systems, and appointing 10 responsible persons per group).

The police were granted liberty to disperse processions in case of violations and were directed to deploy adequate force to maintain law and order on June 26, 2026.