MUMBAI; The Bombay High Court on Monday refused urgent interim relief to a group seeking to hold Chhath Puja at Girgaum Chowpatty in South Mumbai.
The group had sought permission to perform the rituals on November 15 and 16. The bench said freedom of religion is not absolute and must be exercised within the limits set by the Constitution.
The Mithila Chhath Puja Sangh wanted to set up a stage and make the necessary arrangements at the beach. It sought permission to use the venue from 3 pm on November 15 to 8 am on November 16, covering the evening and morning rituals of the festival.
Chhath Puja is a major festival, particularly among devotees from Bihar, Jharkhand and eastern Uttar Pradesh. Devotees offer prayers to the Sun, usually while standing in water, making beaches and river banks important venues for the celebrations.
The Sangh approached the vacation bench after a police station rejected its application in a letter dated September 17.
The police said a high-powered committee now oversees activities at Girgaum Chowpatty, following earlier directions from the High Court.
According to the police, permission for events at the beach is limited to a list of approved celebrations, including Ganeshotsav, Navratri Utsav, Ramlila, Krishnalila and Christmas. Any other programme requires the necessary approval from the departments concerned.
The Sangh said it had submitted a representation to the Maharashtra Chief Minister on October 7, seeking the required permissions. However, the representation was still pending when the matter came before the court.
The State relied on an earlier case, Adarsh Chowpatty Pragati Mandal and others v. State of Maharashtra, in which the High Court issued interim directions on June 21, 2018. Those directions continue to govern the use of the beach.
Under the order, events at the site must be confined to a designated area measuring 300 feet by 150 feet. The court-appointed monitoring committee must also be made a necessary party to any proceedings concerning permissions or temporary structures at the beach.
The bench questioned the Sangh on whether it had complied with these directions, specifically asking whether the monitoring committee had granted permission.
The court noted that the petitioner's counsel had no satisfactory answer.
The bench discussed Article 25 of the Constitution, which guarantees every person freedom of conscience and the right to freely profess, practise and propagate religion.
However, the court highlighted that the right is subject to public order, morality and health, describing these conditions as checks and balances that must be respected under the constitutional framework.
It said this was a settled interpretation of the provision. Article 25(1) expressly states that religious freedom is subject to public order, morality and health. The State may also regulate secular activities associated with religious practices.
The Sangh also asked the court to direct the authorities to provide an alternative venue. However, the bench declined to issue such a direction, saying it was expressing no opinion on the matter.
The court said the petitioner remained free to pursue any remedies available under the law. This leaves the Sangh with the option of seeking permission through the appropriate channels or approaching the court again.
The matter was heard by a vacation bench as the High Court was on its Diwali break.
The High Court directed that the case be listed in due course after the court reopens following the vacation. - The Statesman/ANN
