Close X
Tuesday, September 24, 2024
ADVT 
India

Provide 'Concrete Grounds' For Curbs On Durga Idol Immersion: HC To Mamata Govt

IANS, 20 Sep, 2017 12:21 PM
    Questioning the West Bengal government's curbs on Durga idol immersion, the Calcutta High Court on Wednesday said the State cannot hinder a citizen's right to practise religion on the basis of a mere assumption of law and order disruption and must provide sound reasons for doing so.
     
    “Let them (Hindus and Muslims) live in harmony, do not create a line between them,” Acting Chief Justice Rakesh Tiwary said, asking the government to provide a "concrete ground" for its decision to stop the immersion of Durga idols after 10 pm on September 30 (Vijaya Dashami day) and on October 1 on account of Muharram.
     
     
    Hearing three PILs challenging the restrictions on immersion of idols at the end of the five-day Durga Puja festival, a bench, also comprising Justice Harish Tandon, said a mere assumption that a law-and-order situation might arise, owing to Vijaya Dashami and Muharram falling one after the other, could not be the basis of imposing curbs on immersion timings.
     
     
    Observing that Chief Minister Mamata Banerjee had herself told a public meeting that Hindus and Muslims lived together in harmony in the state, the bench said, "Listen to what the head of the state says and not a police officer."
     
     
    "People have the right to practise their religious activities, whichever community they may be of, and the State cannot put restrictions, unless it has a concrete ground to believe that two communities cannot live together," the acting chief justice said.
    "You must clarify why are you apprehending a law-and- order situation," the bench told state Advocate General (AG) Kishore Dutta, who claimed that it was the administration's prerogative to decide on steps to prevent any untoward situation.
     
     
    “Public order and law-and-order are administrative issues," Dutta submitted, while claiming that the court's interference in it would amount to trudging into the administration's domain.
     
     
     
     
    The West Bengal government has imposed restrictions on Durga idol immersions on September 30, the Vijaya Dashami day, after 10 pm and no immersion would be allowed on October 1, the day Muharram is scheduled to be observed.
     
     
    The bench said the administration could regulate the routes for the immersion processions to follow and those through which the 'Tajia' processions of Muharram would pass.
     
     
    "In the interest of maintaining law-and-order and in order to prevent an untoward incident, the administration can regulate a religious congregation or procession," the AG submitted before the court.
     
     
    "It is a preventive action to rule out any possibility of a law-and-order situation," he said.
     
     
    The court observed that it was not disputing the state's right to regulate, but the administration could not restrict the observance of one's religious rights.
     
     
    "We are asking you to eliminate the element of arbitrariness and provide a concrete ground for your action," the bench said.
    “If you say there is complete harmony, are you (the state administration) not creating a line of division between the two communities by your action?" asked Justice Tandon.
     
     
    When the AG reiterated that the state had taken the decision to prevent any untoward incident, the acting chief justice observed, "Let them live in harmony, do not create a line between them."
     
     
    The court further said it was advocating peace, harmony and living together.
     
     
    The hearing in the three PILs was concluded and the order is scheduled to be passed tomorrow.

    MORE India ARTICLES

    Al-Qaeda Announces Kashmir Cell- 'Ansar Ghawzat-ul-Hind'; Names Zakir Musa Its Chief

    Al-Qaeda Announces Kashmir Cell- 'Ansar Ghawzat-ul-Hind'; Names Zakir Musa Its Chief
    Global terrorist group Al-Qaeda on Thursday officially announced the establishment of its unit in Jammu and Kashmir and named former Hizbul Mujahideen militant Zakir Musa as its chief in the troubled state.

    Al-Qaeda Announces Kashmir Cell- 'Ansar Ghawzat-ul-Hind'; Names Zakir Musa Its Chief

    Rajmata's Ashes Immersed At Kiratpur Amid Prayers By Captain Amarinder Singh, Family Members

    Rajmata's Ashes Immersed At Kiratpur Amid Prayers By Captain Amarinder Singh, Family Members
    Amarinder’s son-in-law Gurpal Singh, his grandsons Nirvan Singh and Yadhuinder Singh besides Harshdeep Singh Dhillon, son of Amarinder’s younger sister, also joined the family for immersion of the mortal remains of Rajmata.

    Rajmata's Ashes Immersed At Kiratpur Amid Prayers By Captain Amarinder Singh, Family Members

    Sikhs, Dera Sacha Sauda Followers Clash In Samana

    Sikhs, Dera Sacha Sauda Followers Clash In Samana
    “The clash could have been prevented, had the ASI acted swiftly. He mishandled the situated and was late in even reaching the spot,” said SSP S Bhoopati, adding that he did not even call for reinforcement.

    Sikhs, Dera Sacha Sauda Followers Clash In Samana

    Delhi Court Says 'No' To Polygraph Test On Jagdish Tytler, Witness Abhishekh Verma Agrees To Test

    Delhi Court Says 'No' To Polygraph Test On Jagdish Tytler, Witness Abhishekh Verma Agrees To Test
    A Delhi court said on Wednesday that Congress leader Jagdish Tytler would not undergo a polygraph test in connection with the 1984 riots without his consent.

    Delhi Court Says 'No' To Polygraph Test On Jagdish Tytler, Witness Abhishekh Verma Agrees To Test

    Harmanpreet Kaur Developed '6-Hitting' Skills While Playing With Men

    Harmanpreet Kaur Developed '6-Hitting' Skills While Playing With Men
    Harmanpreet Kaur says that playing with boys in her younger days helped her develop six-hitting skills. The 28-year-old starred in India’s semi-final victory over Australia in the Women’s Cricket World Cup.

    Harmanpreet Kaur Developed '6-Hitting' Skills While Playing With Men

    4-Year-Old Delhi Girl Raped By School Van Driver: Police

    4-Year-Old Delhi Girl Raped By School Van Driver: Police
    Girl's Parents Had Started Taking The Services Of The School Van Around A Month Back

    4-Year-Old Delhi Girl Raped By School Van Driver: Police