Bombay HC denies relief to Chhath Puja organisers, cites checks and balances

The Bombay High Court on Monday declined to grant immediate relief to the Mithila Chhath Puja Sangh, which sought permission to organise Chhath Puja celebrations at Mumbai's Girgaon Chowpatty on November 15 and 16.A vacation bench of Justices Advait M Sethna and Ranjitsinha Raja Bhonsale was hearing a petition challenging the DB Marg police station's refusal to allow the construction of a stage and other arrangements for the religious event at the beach.During the hearing, the bench observed that religious freedom guaranteed under Article 25 of the Constitution is subject to certain restrictions."We are a country of diverse faiths, and Article 25 of the Constitution mandates that subject to public order, health, and morality, one has a right to practice religion of his/her own choice. So, there are checks and balance carved out," the judges remarked. The dispute arose after the police, in a letter dated September 17, informed the organisers that a High Power Committee appointed by the High Court for the management of Girgaon Chowpatty had restricted events at the venue.The committee had permitted only Ganeshotsav, Navratri Utsav, Ramlila, Krishnalila and Christmas celebrations. Organisers of other events were required to obtain prior permission from all concerned departments. Following the police communication, the Sangh submitted a representation to the Maharashtra Chief Minister on October 7, seeking permission to hold the celebrations. The court was informed that the representation was still pending.The state government, meanwhile, referred to earlier High Court orders, particularly an order passed on June 21, 2018, in the Adarsh Chowpatty Pragati Mandal case.Under the order, the court-appointed Monitoring Committee was required to be impleaded in proceedings concerning permissions for events or the construction of temporary structures at Girgaon Chowpatty.The bench noted that the petitioner's lawyer could not provide a satisfactory response when asked whether permission had been obtained from the Monitoring Committee and whether the committee had been made a party to the proceedings.The judges reiterated that although Article 25 guarantees freedom of conscience and the right to practise and propagate religion, the exercise of these rights remains subject to public order, morality and health.The organisers also sought directions for an alternative venue to conduct the Chhath Puja celebrations. However, the bench declined to express any opinion on the request, observing that the petitioners were free to pursue remedies available under the law.- Ends