Mumbai, November 10: The Bombay High Court on Monday refused to grant urgent interim relief to an organisation that sought permission to perform Chhath Puja rituals on November 15 and 16 at Girgaon Chowpatty in South Mumbai, observing that the constitutional freedom of religion is subject to public order, morality and health.

Source: Bar and Bench

A vacation bench of Justice Advait M. Sethna and Justice Ranjitsinha Raja Bhonsale was hearing the petition filed by the Mithila Chhath Puja Sangh, which wanted to erect a stage and make arrangements for the festival at the beach between 3 pm on November 15 and 8 am on November 16. The case is titled Mithila Chhath Puja Sangh v. State of Maharashtra.

"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 bench observed, referring to Article 25 of the Constitution.

Source: Live Law

Police had rejected the request in September

The Sangh had approached the vacation bench after the local police station issued a rejection letter on September 17. According to the police communication, a high-powered monitoring committee oversees activities at Girgaon Chowpatty under earlier High Court directions, and permissions at the beach are restricted to Ganeshotsav, Navratri Utsav, Ramlila, Krishnalila and Christmas. The Sangh said it had also submitted a representation to the Chief Minister of Maharashtra on October 7, which remained pending.

The State relied on the order in Adarsh Chowpatty Pragati Mandal v. State of Maharashtra, under whose interim directions issued on June 21, 2018, functions at the site must stay within a designated 300 x 150 square foot area, and the court-appointed monitoring committee is a necessary party in any proceedings about permissions or temporary structures at the beach. When the bench asked why the committee had not been made a party, it found the petitioner's counsel had no satisfactory answer, Live Law reported.

The bench also declined to direct the authorities to allot an alternate site, saying it expressed no opinion on that request and that the petitioner could pursue the remedies available in law. The matter will now be listed in due course after the court reopens following the Diwali vacation. Advocate Jogendra Thakur appeared for the Sangh, advocates Bibhishan Sutar and Komal Punjabi appeared for the Brihanmumbai Municipal Corporation (BMC), and Assistant Government Pleader Gauri Sawant represented the State of Maharashtra.