The Bombay High Court has deferred its decision on a request to construct a temporary stage for Chhath Puja at Mumbai's Girgaon Chowpatty. According to LiveLaw, a division bench comprising Justice Advait Sethna and Justice Ranjitsinha Bhonsale issued the order on Monday, November 9, during a vacation court session. The judges held that the right to practice religion under Article 25 of the Constitution is subject to public order, morality, and health, requiring adherence to constitutional checks and balances.
The plea was filed by the Mithila Chhath Puja Sangh, which sought a two-day permit to build a temporary stage on the beach for the festival, a religious observance originating in Bihar. LiveLaw reported that the group had previously been denied permission by local police in September. The police cited a 1998 High Court order that restricted beach celebrations at Girgaon Chowpatty to specific events, including Ganeshotsav, Navratri Utsav, Ramlila, Krishnalila, and Christmas. That earlier order also established a Monitoring Committee, which was designated as a mandatory party in any future petitions seeking permission for celebrations at the site.
The current bench noted that the petitioner failed to justify why the Monitoring Committee was not included as a party in the present case. Consequently, the judges decided against passing an immediate order, stating that the matter should be listed when the court reopens. LiveLaw noted that the counsel for the petitioner might seek directions for an alternate site, but the bench expressed no opinion on that possibility, suggesting the petitioner pursue available legal remedies.
Advocate Jogendra Thakur represented the petitioner, while advocates Bibhishan Sutar and Komal Punjabi appeared for the Brihanmumbai Municipal Corporation. Assistant Government Pleader Gauri Sawant represented the State. The court's observation emphasized that the constitutional mandate for freedom of conscience and propagation of religion is not absolute but operates within the framework of public order and health. By turning down the plea for the temporary stage, the bench effectively maintained the status quo at the popular beach until the procedural gap regarding the monitoring committee is addressed in the next term.