The Bombay High Court has delivered a significant decision on the proposed Chhath Puja event in Mumbai. The court refused to grant immediate relief on a petition filed by the Mithila Chhath Puja Sangh seeking permission to organise Chhath Puja at Girgaum Chowpatty on November 15 and 16. The organisers wanted to set up a temporary stage on the seafront for the puja and other religious activities. The court made it clear that the Constitution grants the right to religious freedom, but its exercise is subject to conditions related to public order, morality and health.
No clarity on monitoring committee permission
The Mithila Chhath Puja Sangh had sought permission to hold the event at Girgaum Chowpatty, but the D.B. Marg Police Station rejected the application on September 17. The police said that, under an earlier High Court order, a high-level committee had been formed to monitor events held at Chowpatty. Events such as Ganeshotsav, Navratri, Ramlila, Krishnalila and Christmas are permitted there. For other events, prior approval from the departments concerned is necessary.
Reference to earlier order and constitutional provisions
During the hearing, the vacation bench of Justice Advait M. Sethna and Justice Ranjitsinh Raja Bhonsale referred to an earlier order of 2018. Under that order, the court-appointed monitoring committee must also be made a party in such matters. The court found that the petitioner’s lawyer could not clarify whether permission had been taken from the committee or whether it had been made a party to the petition.
No direction on alternative venue
The organisers also sought a direction to provide an alternative venue for Chhath Puja, but the court did not pass any order on this. The bench said the organisers could pursue other remedies available under the law. The matter has been directed to be listed for hearing after the court reopens.
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