The Bombay High Court recently allowed a Hindu organization, Hindu Sakal Samaj, to organize the "Viraat Hindu Sant Sammelan" at Malegaon in Nashik district on March 30, coinciding with the Gudhi Padwa festival. The court also permitted the organization to confer the "Hindu Veer Puraskar" upon right-wing extremist Pragyasingh Thakur, who is a prime accused in the 2008 Malegaon bomb blasts case.
A division bench comprising Justices Ravindra V. Ghuge and Ashwin D. Bhobe granted permission for the event, emphasizing that after 78 years of independence, citizens of India are sufficiently educated and wise to understand responsible speech and its impact on society.
"Wisdom should prevail, and the speakers must ensure that their expressions do not target any other religion in a manner that could hurt the sentiments of its followers," the court observed.
State Government’s Opposition
The Maharashtra State Government opposed the event, citing concerns over inflammatory speeches and potential law and order disruptions. Government Pleader Neha Bhide argued that similar gatherings have historically led to communal unrest and pointed to recent incidents of violence in Nagpur and the ongoing controversy surrounding the tomb of Mughal emperor Aurangzeb.
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Additionally, the State raised concerns that the event coincided with the festival of Ramzan Eid, which was scheduled for March 31, thereby increasing the risk of communal tensions.
The police department also submitted a report highlighting that the key speakers at the event, including Sangram Bhandare, Milind Ekbote, and Swami Bharatanand Maharaj, have a history of delivering inflammatory speeches. Moreover, the State pointed out that Pragya Thakur, who is facing trial under terror charges, has also been known for controversial remarks against the minority community.
In its detailed 11-page order, the court highlighted India's significant progress in various sectors, including science, technology, and space exploration. The court referred to the success of the Chandrayaan mission and India's influential role in global platforms such as the United Nations, G20, and BRICS.
"With a young and dynamic population, India continues to shape the future of global trade, innovation, and culture, reinforcing its status as a rising superpower with a vision for inclusiveness and sustainable progress," the judges noted.
The bench emphasized that citizens should act with wisdom and patriotism, respecting the religious beliefs and customs of others.
"True peace is found not in mere knowledge, but in the balance of the mind, heart, and soul. 'Live and Let Live' should be the hallmark of our character," the court stated.
While granting permission for the event, the court laid down strict conditions to ensure that the gathering does not lead to communal discord. These include:
- The event must be conducted between 7:00 AM and 5:00 PM only.
- The speakers must refrain from making inflammatory statements that could incite communal tension.
- The organizing committee is responsible for ensuring that none of the speeches hurt religious sentiments.
- The police authorities must designate a specific route for attendees that avoids congested areas.
- Adequate police security should be provided to prevent any law and order issues.
- Any violation of the set conditions would result in strict legal action against the organizers and speakers.
"The managing committee of the organizers will be bound by the assurance given to the Court and the undertaking to express their thoughts without hurting any person professing another religion," the judges emphasized.
The bench also took into account that there has been no communal violence in Malegaon since the 2008 blasts, and the region has witnessed peaceful coexistence for the past 17 years. The judgment reflects the court’s confidence in the maturity and wisdom of Indian citizens in exercising their fundamental rights responsibly.
"After 78 years of India's freedom, we have every reason to believe that the population is sufficiently educated and wise to understand the self-imposed limitations on what to speak and what not to," the order stated.
Case Title: Rahul Bacchav vs. State of Maharashtra (Writ Petition 4335 of 2025)
Appearance:
- For Petitioner: Advocates Subhash Jha, Siddharth Jha, Ashish Saxena, Sumeet Upadhaya, and Dhriseka Rao instructed by Law Global.
- For State: Government Pleader Neha Bhide assisted by Additional Government Pleader BV Samant and Assistant Government Pleader AV Bhadang.
