Bombay High Court
Mumbai: Bombay High Court on Monday refused to allow an urgent plea for Chhath Puja celebrations on Nov 15 and 16 on Girgaum Chowpatty. A vacation bench led by Justice Advait Sethna heard a petition by Mithila Chhath Puja Sangh after the senior inspector of D B Marg police station on Sept 17 objected to construction of a stage and making arrangements from 3 pm to 8 am on both days. The Sangh’s advocate, Jogendra Thakur, said its Oct 7 representation to the chief minister is pending. The state’s advocate referred to HC’s 2018 order that allows four events on the beach on a 4,180 sq m area. The judges said in the given facts and circumstances, the mandate of Article 25 (Freedom of Religion) is clear.
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On the judges’ specific query regarding compliance with the HC order and more particularly with regard to permission of a monitoring committee and joining it as a party, Thakur had “no satisfactory answer”. The judges said the petitioner may pursue remedies available in law. “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,” they added. Thakur insisted the HC pass directions regarding an alternative site. They directed the matter to be listed on HC reopening. Download the TOI App.