Muslims have a right to take out Tazia during Muharram: Justice Katju

Muharram, a period of mourning for Muslims over the martyrdom of Imam Husain, grandson of Prophet Muhammad, is going on these days ( today is the 8th day of a 10 day period which will end on 29th July )

https://en.wikipedia.org/wiki/Muharram

https://timesofindia.indiatimes.com/religion/festivals/muharram-2023-date-story-and-significance-of-ashura/articleshow/101819083.cms#:~:text=In%202023%2C%20Muharram%20commenced%20on%20Wednesday%2C%2019th%20July%202023.&text=Muharram%20holds%20an%20immense%20importance,remembrance%20for%20the%20Muslim%20Ummah.

On the last (10th) day of Muharram, known as Ashura, Muslims take out the Tazia procession to bury the Tazia ( a replica of the mausoleum of Imam Husain ) at a ground called Karbala ( named after the city in Iraq where Imam Husain and others were martyred in 680 AD ).

https://www.ndtv.com/india-news/muharram-2022-know-why-tazia-are-made-and-its-significance-3236669

In this connection I may refer to a judgment on the Tazia procession which I gave in 1999 when I was a Judge of the Allahabad High Court ( Imambara of Mulnapur vs State of UP )

https://legaldata.in/court/read/1576550

The facts were these : there is an Imambara ( the building from where the Tazia procession is taken out ) in village Mulnapur, Tehsil Handia, district Allahabad. Every year Muslims of the area would take out the Tazia in a procession on the 10th day of Muharram for its burial at Karbala.

However, in 1999 some anti social elements allegedly obstructed the path of the Tazia procession by occupying and constructing unauthorisedly on it, and hence a writ petition was filed before me.

After hearing the parties I allowed the petition, observing :
” This is a free, democratic, and secular country. Article 25(1) of the Constitution states ‘subject to public order, morality and health and to the other provisions of this part all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion’.
Tazia is a part of Muslim religion and Muslims are fully entitled to take out Tazia procession. Hence, we direct that there should be no obstruction and the authorities will ensure law and order in peaceful taking out of Tazia.

However, we have repeatedly held that religion is a private affair and must be carried out peacefully without causing harm or harassment to anybody, and hence Tazia cannot be taken out through the private land of anybody. It can only be taken out peacefully on a public path and in a manner which does not cause inconvenience to anybody. The path of the Tazia has been recommended by the S.D.M., Handia and the map is Annexure-2 to the petition. The petitioner is agreeable to this path suggested by the S.D.M.

Hence, we are of the opinion that the Tazia procession can be taken over on the aforesaid path as suggested by the S.D.M., Handia, Allahabad but we direct that no private property or trees should be damaged during the course of Tazia procession.

The petitioner and the authorities will also maintain law and order.
With these directions the petition is finally disposed of ”.