Bombay High Court refuses nod for Chhath Puja at Chowpatty; says religious freedom is subject to public order, health

The Bombay High Court on Monday refused to grant urgent interim relief to an organisation seeking permission to perform Chhath Puja rituals on November 15 and 16 at Girgaum Chowpatty in South Mumbai. [Mithila Chhath Puja Sangh v. State of Maharashtra]

A vacation bench of Justice Advait M Sethna and Justice Ranjitsinha Raja Bhonsale observed that while Article 25 of the Constitution guarantees the freedom of religion, it is subject to public order, morality and health.

"In the given facts and circumstances, we would also 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 Court held.

The Court was hearing a petition moved by the Mithila Chhath Puja Sangh seeking urgent relief to erect a stage and make necessary arrangements for Chhath Puja at Girgaum Chowpatty between 3 pm on November 15 and 8 am on November 16.

The petitioner approached the vacation bench after the concerned police station issued a rejection letter on September 17. 

The police communication noted that after the High Court's directions, a high-powered committee oversees activities at Girgaum Chowpatty. Permissions were restricted to Ganeshotsav, Navratri Utsav, Ramlila, Krishnalila and Christmas. 

Further, no other programmes were permitted without requisite departmental sanctions.

The Puja Sangh claimed to have submitted a representation on October 7 to the Chief Minister of Maharashtra seeking the required permissions, which remained pending.

The State relied on the order passed in Adarsh Chowpatty Pragati Mandal and others v. State of Maharashtra. 

Under the interim directions issued on June 21, 2018, functions at the site have to strictly confine to a designated 300 x 150 square foot area. 

The court-appointed monitoring committee is also a mandatory and proper party to any proceedings regarding permissions or temporary structures on the beach.

When the bench questioned the Puja Sangh regarding compliance with these directions, specifically about permission from the monitoring committee, the Court found that their counsel had “no satisfactory answer".

The bench also turned down the request for directions to the authorities to allocate an alternate venue.

"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 bench ruled.

The High Court directed the matter to be listed in due course upon the court's reopening after the Diwali vacation.

Advocate Jogendra Thakur appeared for the Puja Sangh.

Advocates Bibhishan Sutar and Komal Punjabi appeared for the Brihanmumbai Municipal Corporation (BMC).

Assistant Government Pleader Gauri Sawant appeared for the State of Maharashtra.

[Read order]