Vakil Help Desk News: the Bombay High Court has refused permission for a Chhath Puja stage at Girgaon Chowpatty, observing that the right to religious freedom under Article 25 is subject to public order, morality and health.
Vakil Help Desk News, Litigation & Courts. The Bombay High Court has refused permission for a temporary stage for Chhath Puja celebrations at Girgaon Chowpatty in Mumbai, observing that the right to religious freedom under Article 25 is subject to public order, morality and health. A vacation bench of Justice Advait Sethna and Justice Ranjitsinha Bhonsale heard the plea in Mithila Chhath Puja Sangh v. State of Maharashtra.
The organisers sought two days' permission to set up a stage on the beach, after police declined, relying on an earlier High Court order that permitted only certain specified events at the Chowpatty and required a monitoring committee to be made a party to any such application.
The Court declined to pass orders permitting the event, noting that the petition had not explained why the monitoring committee was not joined as required, and left the organisers to pursue other remedies available in law. It expressed no opinion on whether an alternative site should be provided.
What this means for you
Permission for public religious events can be regulated in the interest of public order and health, and must follow the conditions and process the courts have laid down.