Bombay High Court sits on holiday to hear plea challenging police notice to Ganesh Pandal decorations targeting CM Eknath Shinde

The Bombay High Court held a special sitting on Friday to hear a petition challenging a police notice to remove certain Ganesh pandal decorations allegedly targeting Maharashtra Chief Minister Eknath Shinde..The High Court has been shut since Wednesday this week on account of Ganesh Chaturthi but a bench of Justices Revati Mohite Dere and Madhav Jamdar sat on Friday to hear the case. The bench noted that the objectionable portions of the decorations had already been modified and the same was acceptable to everyone.In view of the same, the bench permitted the pandal to display the modified decorations subject to permissions from authorities..The petitioner, a trustee of the Vijay Tarun Mandal, had installed a Ganesh pandal in Kalyan, Thane district.The theme of the pandal, as stated in the plea, was the change in the political scenario in Maharashtra as a result of Shinde faction forming government with the help of the Bharatiya Janata Party (BJP).The decorations were accompanied by audio and video clips narrating details..On August 25, the pandal was served with a notice under Section 149 of the Code of Criminal Procedure containing directions to be followed for the decorations, failing which appropriate action will be initiated.The next day, the Deputy Commissioner of Kalyan Police inspected the decorations and suggested the petitioner to make changes to the decoration and modify the audio clip which was done, the plea pointed out.The petitioner was also asked to remove cut outs of ministers, including one of Prime Minister Narendra Modi..The plea stated that despite this, on midnight of August 31, 2022, the Kalyan police officer confiscated the cutouts of the theme and orally directed the petitioner to not display the same.An FIR was also lodged against the trust alleging Sections 153 (wantonly giving provocation to cause riot) and 505(2) (statements promoting enmity) of the Indian Penal Code.“A perusal of the FIR shows that the same is politically motivated and no offence as stated in the FIR is even remotely made out,” the petition stated.Interestingly, Shrikant Shinde, the Chief Minister’s son is the elected Member of Lok Sabha from that constituency..While the trust stated it would take steps to challenge the FIR through appropriate steps, the present petition was moved on August 31, seeking quashing of the notice sent under Section 149.The petitioner also sought for permission from the Court to display the modified decorations with the audio clips during the 10-day festival.The trustee also invoked their fundamental right to free speech to display their political views..While the Bench granted permission to display the modified decorations and audio clips, it clarified the same was subject to permissions from the civic authority, Kalyan Dombivali Municipal Corporation (KDMC).The authority was directed to decide on the same and make necessary communication by 6 pm today.The petition was posted for hearing on compliance on September 5.

Bombay High Court sits on holiday to hear plea challenging police notice to Ganesh Pandal decorations targeting CM Eknath Shinde

Neha Joshi

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