The Bombay High Court has declined to grant urgent permission for organising Chhath Puja celebrations at Mumbai’s Girgaum Chowpatty on November 15 and 16, observing that the fundamental right to religious freedom under Article 25 of the Constitution is subject to the requirements of public order, morality and health.
A vacation bench of Justice Advait M Sethna and Justice Ranjitsinha Raja Bhonsale was hearing a petition filed by the Mithila Chhath Puja Sangh, which sought permission to erect a temporary stage and make arrangements for the religious festivities at the beach between 3 pm on November 15 and 8 am on November 16.
Emphasising the constitutional limitations governing the exercise of religious rights, the bench observed that although Article 25 guarantees freedom of conscience and the right to profess, practise and propagate religion, such freedom cannot be exercised independently of the safeguards prescribed by the Constitution.
The Court noted that the constitutional framework incorporates checks and balances that must be respected while seeking permission to organise public religious events.
The Sangh had approached the High Court after the concerned police station rejected its request through a communication dated September 17. The police had cited existing High Court directions under which a high-powered committee supervises activities and events organised at Girgaum Chowpatty.
Under the prevailing restrictions, permissions at the beach are confined to specified celebrations, including Ganeshotsav, Navratri Utsav, Ramlila, Krishnalila and Christmas. Other programmes require the requisite approvals from the concerned authorities.
The petitioner informed the Court that it had also submitted a representation to the Maharashtra Chief Minister on October 7, seeking permission to organise the Chhath Puja celebrations. However, the representation was yet to receive a decision.
Opposing the plea, the State government relied on the High Court’s earlier directions in Adarsh Chowpatty Pragati Mandal and Others v. State of Maharashtra. Under an interim order dated June 21, 2018, activities at Girgaum Chowpatty were required to remain confined to a designated area measuring 300 x 150 square feet.
The earlier directions also stipulated that the court-appointed Monitoring Committee must be impleaded in proceedings concerning permissions for events or the erection of temporary structures at the beach.
During the hearing, the bench questioned the petitioner about compliance with these requirements, particularly whether the Monitoring Committee had granted the necessary permission and had been made a party to the proceedings. The Court recorded that the petitioner’s counsel had no satisfactory response on the issue.
The bench consequently declined to grant the requested interim relief. It also refused to issue directions to the authorities to identify or allot an alternative venue for the religious celebrations, clarifying that it was expressing no opinion on the issue and that the petitioner was at liberty to pursue remedies available under law.
The matter has been directed to be listed in due course after the reopening of the High Court following the Diwali vacation.
Advocate Jogendra Thakur appeared for the petitioner. Advocates Bibhishan Sutar and Komal Punjabi represented the Brihanmumbai Municipal Corporation, while Assistant Government Pleader Gauri Sawant appeared for the Maharashtra government.
Case: Mithila Chhath Puja Sangh v. State of Maharashtra
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