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 right to practise religion is not absolute and must operate within constitutional safeguards concerning public order, morality and health.
A vacation bench comprising Justices Advait M Sethna and Ranjitsinha Raja Bhonsale was hearing a petition filed by the Mithila Chhath Puja Sangh, which sought permission to install a stage and make arrangements for the religious ceremony at the popular South Mumbai beach.
The organisation wanted to conduct the rituals from 3 pm on November 15 until 8 am the following day.
While considering the plea, the Court emphasised that Article 25 of the Constitution guarantees freedom of conscience and the right to profess, practise and propagate religion. However, these rights remain subject to reasonable constitutional restrictions.
The bench observed that the constitutional framework itself provides checks and balances that must be respected while exercising religious freedoms.
Police had already rejected the request
The petition followed a communication issued by the concerned police station on September 17, declining permission for the proposed celebrations.
The police explained that activities at Girgaum Chowpatty are regulated under directions previously issued by the High Court. A high-powered committee supervises events at the location, and permissions are presently restricted to specified celebrations, including Ganeshotsav, Navratri Utsav, Ramlila, Krishnalila and Christmas.
Other programmes cannot be organised without obtaining the necessary approvals from the relevant departments.
The Sangh told the Court that it had approached the Maharashtra Chief Minister through a representation submitted on October 7, seeking the necessary clearances. However, no decision had been communicated on its request.
Existing High Court directions become a hurdle
The Maharashtra government opposed the plea by referring to an earlier order in Adarsh Chowpatty Pragati Mandal and others v. State of Maharashtra.
Under interim directions issued on June 21, 2018, activities at Girgaum Chowpatty must remain confined to a specifically identified area measuring 300 x 150 square feet.
The directions also require the court-appointed monitoring committee to be made a necessary party in proceedings concerning permissions or temporary installations at the beach.
When the bench questioned the petitioner about compliance with these requirements, particularly whether approval had been obtained from the monitoring committee, the organisation’s counsel could not provide a satisfactory response.
This proved to be a significant obstacle to its request for immediate relief.
Court declines to suggest another venue
The petitioner also requested the High Court to direct the authorities to provide an alternative location for conducting the Chhath Puja celebrations.
The bench declined to issue such a direction, making it clear that it was not expressing any opinion on the issue. It added that the organisation remained free to pursue whatever legal remedies were available to it.
With no interim permission granted, the Court directed that the matter be listed in due course after reopening following the Diwali vacation.
The ruling leaves the Sangh without the urgent clearance it had sought for conducting the rituals at Girgaum Chowpatty.