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.

The Delhi High Court on Thursday refused to entertain a plea, alleging that the release of advertisements on various television channels by Delhi government in respect of organising Ganesh Chaturthi celebrations amid the Covid-19 pandemic were illegal and unconstitutional.

The Division Bench, led by Chief Justice D.N. Patel and also comprising Justice Jyoti Singh, said they were not even inclined to issue notice in the matter on the ground that the petition has been filed without annexing the alleged ‘advertisements’.

“Where are the advertisements?….How can we allow your matter without looking at the advertisements?,” the Bench asked petitioner and Advocate Manohar Lal Sharma.

He responded that he tried to record the advertisement, but did not succeed. 

Petition without ‘homework’

The Bench orally remarked that the petition was filed without doing any ‘homework’. At this stage, Sharma expressed his willingness to withdraw the present petition with a liberty to file a fresh petition with proper averments, allegations and annexures. The Bench granted liberty to Sharma to file a fresh litigation in accordance with law before appropriate forum and accordingly, the petition was disposed of as withdrawn. 

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According to Sharma, on September 7, 2021, he came across an advertisement, which was being shown on CNBC, calling in people to join the ‘Ganesh Puja’ organised by the Delhi Government. He alleged that the said advertisement is being shown on various television channels since the past 10-15 days. The plea claimed that it was being funded by the state government for political and electoral gain and was liable to be stopped.

It further added that this act of Delhi Government was contrary to Articles 14, 21 and 25, and violated the basic structure of the Constitution.

In light of the above, the petitioner prayed for declaring religious promotion by the Centre and the Delhi Government to be illegal, arbitrary and unconstitutional, as it was in violation of the apex court order in case of S.R. Bommai vs Union of India. In addition, the petitioner prayed for declaring conduct of religious ceremony or promotion by the Delhi Government from State treasury and release of advertisement in respect of the same, to be illegal, arbitrary and unconstitutional. 

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The plea also sought initiation of criminal action against Delhi Chief Minister Arvind Kejriwal as well as other Ministers for using public funds for promoting politically-vested interests.

“Under our Constitution, there shall be no religion in politics just as there shall be no politics in religion,” the plea mentioned.

Recently, the Delhi Disaster Management Authority (DDMA) had issued a notification, prohibiting Ganesh Chaturthi celebrations at public places in the national capital in view of the Covid-19 pandemic.

The Madhya Pradesh High Court recently disposed of a PIL on the water pollution caused by the immersion of effigies, idols in Jabalpur.

The PIL had been filed by petitioners Avinash Khatri and others in 2009 with the prayer that the respondents be directed to restrain the pollution of water tanks/reservoirs/ponds of Jabalpur city viz. Hanumantal, Adhartal, Ranital, Gokalpur, Gullouwa talaab, etc. by immersion of effigies, idols or any kind of hazardous material. The prayer was also made to direct the respondents to prepare a time-bound scheme to prevent pollution of water bodies.

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Harpreet Singh Ruprah, Counsel for the Municipal Corporation Jabalpur, submitted before the High Court that now two huge tanks have been built by the Municipal Corporation in Tilwaraghat and Gwarighat for immersing idols during Ganesh Puja and Durga Puja and any other kind of festival and therefore, the grievance of the petitioners has already been redressed.

The Bench of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla disposed of the petition in view of the above statement. Swapnil Ganguly, Deputy Advocate General, appeared for the State Government.