New Delhi: The Supreme Court on Friday decided to examine whether Government lands in India can be used for religious practices like Ram Leela, Durga Puja, Dahi handi and even Namaz. Observing the need for the same, the Apex court has now referred the matter to a Constitution bench to adjudicate the issue.
A bench comprising of two judges- Justices Rohinton F Nariman and Indu Malhotra were hearing a plea on use of Government land for Hindu religious practices by a Delhi-based Jyoti Jagran Mandal who sought permits to conduct the Mata ki chowli in public park along with seeking directions to the Municipality of the same.
The bench responding to the plea said there was nothing wrong in South Delhi Municipal Corporation (SDMC) denying to grant the permit for conducting the practice in public garden, but the court did refer the case to a constitution bench saying it indeed involves an important constitutional issue of peoples fundamental rights.
Only the Constitution Bench can strike the right balance between principles of secularism and Article 25 which grants fundamental rights to people to practice, profess and propagate their religion which also covers other provisions like public order, morality, health and other people who are also equally entitled to the same freedom.
The Delhi-based petitioner challenged the National Green Tribunal’s order which approved SDMC’s decision of denying the permit to conduct a “mata ki chowki” in a public park at Janakpuri in west Delhi.
The NGT held that since the park is preserved for the public, such functions would only disturb the residents in the area.
Advocate Fuzail Ahmad Ayyubi appearing for the petitioner argued that the NGT has never denied permission for Ram Leela and Durga Puja in the same park but are now denying permission for ‘mata ki Chowki’ which only includes worshipping the Goddess Durga and singing devotional songs.
He stated that the NGT permitting Ram Leela in 2017 had said: “We do not find anything illegal or environmentally so prejudicial that we should prohibit these pujas in public parks.” “But while permitting so, we make it clear that it should be ensured that other parks in the same area are kept free for such allotments to allow greenery and make the availability of parks for the benefit of the residents of the area.”