Sunday, February 5, 2023

Do not equate any religious processions with a communal riots: Supreme Court

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The Supreme Court of India on Friday expressed disapproval on the tendency to equate any religious processions with a communal riots.

A Bench of Chief Justice of India (CJI) DY Chandrachud and Justice PS Narasimha giving example of  the Ganesh Puja in Maharashtra said that though lakhs of people gather for the same, there are no riots associated with it till date.

CJI Chandrachud asked why do we always want to portray that religious festivals are the time for riots? Let us look at the good which happens in country. See Maharashtra during Ganesh Puja lakhs gather but there are no riots,

The court said this while dismissing a public interest litigation(PIL) to regulate religious processions and have a standard operating procedure for the same.

The Court also said that the PIL was not judicially manageable as the subject it pertains to, is state subject and the Apex Court cannot interfere.

The Court said that it is a State subject and India being a big country issues are varied from Kashmir to Kanyakumari. How can this court monitor this? Prayers are not judicially manageable. It seeks roving writ of mandamus and law and order falls within ambit of the State.

The counsel for petitioner, Senior Advocate CU Singh said that it is only the Apex Court that can do something to prevent violence and riots during religious gatherings and processions.

Singh had contended that he had gone through these commissions of inquires. which laydown guidelines and how these permissions are given. Today processions are held brandishing weapons like swords etc and happens during religious festivals,

The Court, said that the grievances can be examined by the concerned High Court.

“The subject of Police is also under the State list, we are not entertaining this. The country is diverse and issues in a district of a State is different than another district and the State can regulate them.

The Supreme Court cannot be dragged into every area of law and order which is under the State, the bench underscored.

The petitioner sought to withdraw the plea but the Court disallowed the same.

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