Observing that the right to practice religion is subject to public order, morality and health, the Bombay High Court on Monday (November 9) refused to grant permission to celebrate Chhath Puja at the city's Girgaon Chowpatty, by constructing a temporary stage near the beach.

A division bench of Justice Advait Sethna and Justice Ranjitsinha Bhonsale while presiding over a vacation court, said that the various 'checks and balances' as mandated by the Constitution of India must be followed by everyone.

"We would observe that the mandate of Article 25 of the Constitution of India is crystal clear. Undoubtedly, there is a freedom of conscience, and free profession, practice and propagation of religion. However, the same is subject to public order, morality and health, as provided in the constitutional provision. In other words, there are checks and balances which are provided and required to be followed, under such constitutional mandate," the bench observed.

The bench was hearing a plea filed by Mithila Chhath Puja Sangh, which sought a two days permission to construct a temporary stage on the beach for celebrating the Chhath Puja - a religious festival of Bihar, at Mumbai's popular Girgaon Chowpatty. The petitioner group highlighted the fact that the local police denied them permission in September this year, to construct the temporary stage.

The Police while refusing to permit the plea as prayed by the group, cited an order passed by the High Court in a plea filed way back in 1998, which stated that no program other than Ganeshotsav, Navratri Utsav, Ramlila, Krishnalila and Christmas should be allowed at Girgaon Chowpatty. In those proceedings, the High Court had also appointed a 'Monitoring Committee' which was also directed to be made a mandatory party in any plea seeking permission to hold celebrations at the Chowpatty areas in Mumbai.

However, the bench noted that the instant plea did not justify why it did not make the Monitoring Committee a party at all. Thus, the bench refused to permit Chhath Puja celebrations at the Chowpatty

"At this stage, we are not inclined to pass any orders. Let the matter be listed on reopening, in due course. The Counsel for the Petitioner would insist us to pass directions with regard to alternate site to perform the event. We express no opinion in this regard. Needless to observe that in this regard, the Petitioner may pursue the remedies as available to him in law," the judges said.

With these observations, the bench turned down the plea to construct a temporary stage at Chowpatty for facilitating the Chhath Puja celebrations.

Appearance:

Advocate Jogendra Thakur appeared for the Petitioner.

Advocates Bibhishan Sutar and Komal Punjabi represented the BMC.

Assistant Government Pleader Gauri Sawant represented the State.