Is a suit to take out a religious procession, a suit of civil nature? Give reasons for your answer and also refer to case law, if any, on this point?

Question: Is a suit to take out a religious procession, a suit of civil nature? Give reasons for your answer and also refer to case law, if any, on this point?

Find the answer to the mains question only on Legal Bites. [Is a suit to take out a religious procession, a suit of civil nature? Give reasons for your answer and also refer to case law, if any, on this point?]

Answer

The Right to take out a procession through the public streets is a civil right, and a suit will lie to enforce such a right in a civil court. In the case of Manzur Hassan v. Md. Zaman, (1925) 27 BOMLR 170, Lordships had held that there is a right to religious processions on its appropriate observances along the highways.

In Mohamed Abdul Hafiz v. Latif Hosein, (1897) I. L. R. 24 Cal. 524 it was held:

"A suit for declaration of right to carry religious emblems in a procession through the streets of a village, and for damages for preventing the plaintiff from doing so, lies in the Civil Court."

Persons of whatever sect are entitled to conduct religious processions through public streets so that they do not interfere with the ordinary use of such streets by the public, and subject to such direction as the Magistrate lawfully gives to prevent obstructions of the thoroughfares or breaches of the public peace and a suit lies for the declaration of such a right. They also held that the claim by one particular sect for the exclusive use of the highway for their worship is untenable.

Thus, it can be said that a suit to take out religious procession is a suit of civil nature and it does not cease to be a suit of civil nature merely because the procession is of a religious character.

---

Important Mains Questions Series for Judiciary, APO & University Exams

1. CPC Mains Questions Series: Important Questions Part – I of X
2. CPC Mains Questions Series: Important Questions Part – II of X
3. CPC Mains Questions Series: Important Questions Part – III of X
4. CPC Mains Questions Series: Important Questions Part – IV of X
5. CPC Mains Questions Series: Important Questions Part – V of X
6. CPC Mains Questions Series: Important Questions Part – VI of X
7. CPC Mains Questions Series: Important Questions Part – VII of X
8. CPC Mains Questions Series: Important Questions Part – VIII of X
9. CPC Mains Questions Series: Important Questions Part – IX of X
10. CPC Mains Questions Series: Important Questions Part – X of X