Allowed

Shri Krishna Kumar Ganga Prasad Agnihotri v. State of Maharashtra and 2 Ors.

Bombay HC11 Sept 2008WP/2367/2008

Case brief

AI extract

What is this about?

This court allowed a writ petition permitting the petitioner and other organizations to celebrate Chhat Pooja at Juhu Beach. The order mandated performance strictly according to religious rituals, directed authorities to impose a security deposit for compliance, and empowered them to confiscate the deposit upon violation.

What did the court decide?

Permitted celebration of Chhat Pooja for two days under strict conditions and directed authorities to collect a one lakh rupee security deposit from organizers.

Shri Krishna Kumar Ganga Prasad… — Constitutional and Fundamental Rights | Bombay HC (2008)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION (L) NO. 2472 OF 2007

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Krishna Kumar G. Agnihotri

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.... Petitioner.

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vs.

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The State of Maharashtra

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& Ors. ....

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Respondents.

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Mr. C.G. Gavnekar i/by Sunil Singh for the Petitioner.

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Mr. N.P. Pandit, AGP., for Respondent No. 1.

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Mr. Shiraz Rustomjee & Ms. Prembhari Thakkar i/by Pravin

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Mehta & Mithi & Co. for Respondent Nos. 2 & 3.

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CORAM : J.N. PATEL, &

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K.K. TATED, JJ.

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DATE : 11th SEPTEMBER. 2008

P.C.

. Heard.

The petitioner has approached this Court for permitting him and other organizations to celebrate Chhat Pooja organised on two days at Juhu Beach.

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We have heard the learned counsel for the parties. In our view the petition can be allowed in terms of the orders passed by this Court on 19^th October, 2006 in Writ Petition No. 2731 of 2006 (Shrimati Daulatidevi Ramnath Yadav Memorial Trust vs. State of Maharashtra and others) as the said interim order came to be translated as final order passed in the said writ petition which came to be disposed of on 7^th December, 2006.

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The learned counsel appearing for Respondent Nos. 2 and 3 submitted that inspite of the guidelines and directions being given by the Court for holding Chhat Pooja, the organisation committed violation of the orders passed by this Court which led to initiation of contempt proceedings.

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Copy of the order passed in the contempt proceedings is also placed on record as Exhibit “A” i.e., in Contempt Petition No. 24 of 2007 in Writ Petition No. 248 of 2007 and Contempt Petition No. 54 of 2007 in Writ Petition No. 2731 of 2006 which came to be disposed of by common order dated 19^th September, 2007 and, therefore, it is submitted that in spite of the Court having imposed certain terms and conditions to organise holding of Chhat Pooja, the organisers have violated the orders passed by this Court.

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It is further brought to our notice that the judgment and order dated 7^th December, 2006 in Writ Petition No. 2731 of 2006 of this Court has been challenged before the Supreme Court by Bihari Front which is also one of the organisations which organise Chhat Pooja wherein the Supreme Court has issued notice to Respondent No. 1 only on the question as to whether during the Chhat Pooja petitioner be permitted to use microphone, amplifiers, loudspeakers for one day to control the crowd. It is submitted that a permission to use amplifiers, loudspeakers and microphone is blatantly misused by the organisers

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during Chhat Pooja more than required for ritual or religious purposes, by converting the programme into an entertainment event and commercialised by inviting film personalities and by displaying posters and having performances which has nothing to do with the religious rituals which are required to be performed for Chhat Pooja.

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In our view, the apprehension expressed by the learned counsel appearing for Respondent Nos. 2 and 3 has much substance particularly when the same is supported by the orders passed by this Court in the two contempt petitions. Therefore, we allow this petition by directing the respondent authorities to permit the petitioner and other organisations to celebrate Chhat Pooja strictly according to the religious rituals on the same terms and conditions as prescribed by the orders of this Court in Shrimati Daulatidevi Ramnath Yadav Memorial Trust case (supra). In order to require strict compliance of the terms and conditions by the organisations, this Court directs the authorities, particularly, the Collector that before giving permission to any organisation to perform Chhat Pooja the Collector would require organisations to deposit a sum of

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Rs. One lakh each as security deposit for strict compliance of the terms and conditions by respective organisation in performing Chhat Pooja and if the Collector finds any violation of the same, then it will have right to confiscate the amount of security deposit of the organisation/ organisations who violate the terms and conditions. The Respondents, particularly, Respondent Nos. 2 and 3 may move this Court in contempt jurisdiction for such violation of the terms and conditions. The petitioner organisation as well as other organisations are permitted to perform Chhat Pooja for two days as per Hindu Calendar at Juhu Chowpaty.

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The petition stands disposed of accordingly.

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(J.N. PATEL, J.)

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(K.K. TATED, J.)

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Shri Krishna Kumar Ganga Prasad Agnihotri v. State of Maharashtra and 2 Ors.

Case brief

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Shri Krishna Kumar Ganga Prasad Agnihotri v. State of Maharashtra and 2 Ors.

Case brief

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