Calcutta HC denies permission for Hanuman Chalisa recital on road, says public space cannot be claimed as right

The Calcutta High Court on Friday declined permission for a mass recital of the Hanuman Chalisa on Red Road in Kolkata to mark Hanuman Jayanti on Saturday. The court ruled that no one can claim a public place as a matter of right.

The petition was filed by the Hindu Seva Dal, which sought permission to hold the event at the iconic Red Road. Kolkata Police had suggested two alternative venues for the event but had not objected to the location itself, as the Army, which manages the area, had no issues. However, the police raised concerns about potential traffic congestion and public inconvenience, suggesting that the event could lead to law-and-order issues.

In response, the petitioner's counsel argued that a similar event had been permitted for Eid prayers on March 31. The petitioner also pointed out that the police routinely approve the use of Red Road for the Durga Puja carnival, a government-organised event that has been granted special status and UNESCO recognition.

Justice Tirthankar Ghosh, who presided over the case, observed that the Eid prayers on Red Road had "history" and that the Durga Puja carnival was part of the National List of Heritage Programmes. As a result, neither of the petitioner’s arguments about past events on the same spot could persuade the court.

Justice Ghosh remarked, "No one can claim a public place as a matter of right." He went on to explain that for a new religious practice, such as the Hanuman Chalisa recital, the petitioner would need to establish the right to use the public space before the court through an affidavit. The case has been kept open for further examination, with the matter to be included in the July court list.

The Hindu Seva Dal’s legal team moved the case to the division bench, which included Chief Justice T.S. Sivagnanam and Justice Chaitali Chatterjee (Das). While initially reluctant, the division bench later allowed the petition but ultimately decided not to overturn the single bench’s decision. The Chief Justice made it clear that he did not wish to entertain petitions on Hanuman Jayanti or Ram Navami-related matters anymore.

The division bench also pointed out that the Hanuman Chalisa event on Red Road would be a first. They questioned whether previous recitals had been held there. As it was the first time the event was proposed for the location, the court instructed that the petitioner needed to establish their right legally.

Though the Army had granted permission to host the event on Red Road between 5 AM and 11 AM, Kolkata Police had offered the alternative locations of Shahid Minar and Rani Rashmoni Avenue, citing traffic and public inconvenience.

The advocate-general, Kishore Datta, referenced a Supreme Court ruling from 1994, stating that prayers and religious events can only be held in places with religious significance. He emphasised that, according to the court, no one has the right to worship or hold prayers at any location unless it has special religious importance. The advocate-general's point was clear: the location in question must have cultural or religious relevance to the practice.

Inputs from TOI