Freedom Of Religion Is Subject To Public Order: Bombay High Court Denies Relief To Mithila Sangh To Perform Chhath Puja At Girgaon Chowpatty
The petition was moved on account of the extreme urgency of the upcoming Chhath Puja.
Justice Ranjitsinha Raja Bhonsale, Justice Advait M. Sethna, Bombay High Court
The Bombay High Court has refused to grant Mithila Sangh permission to perform Chhath Puja at Girgaon Chowpatty, Mumbai, observing that the freedom to practice religion is subject to public order, morality, and health.
The petition was moved on account of the extreme urgency of the upcoming Chhath Puja proposed to be celebrated on November 15, 2026 and November 16, 2026 at Girgaon Chowpatty, Mumbai.
The Bench comprising Justice Ranjitsinha Raja Bhonsale and Justice Advait M. Sethna held, “In the given facts and circumstances, we would also observe that the mandate of Article 25 of the Constitution of India is crystal clear. Undoubtedly, there is a freedom of conscience, and free profession, practice and propagation of religion. However, the same is subject to public order, morality and health, as provided in the constitutional provision. In other words, there are checks and balances which are provided and required to be followed, under such constitutional mandate.”
Advocate Jogendra Thakur represented the Petitioner, while Advocate Bibhishan Sutar represented the Respondent.
Factual Background
A representation was made for permission to construct a stage for Chhath Puja and make arrangements for the Puja at Girgaon Chowpatty on the aforementioned dates. It was mentioned in the application that, in pursuance of a writ petition filed in the High Court, it was directed that no program other than Ganeshotsav, Navratri Utsav, Ramlila, Krishnalila and Christmas should be allowed at Girgaon Chowpatty and prior permission should be obtained from all other concerned departments.
This representation was refused by the DB Marg Police Station. The Petitioner, through its representative, had made an Application/Representation to the Chief Minister of Maharashtra for the requisite permission for the said event. However, the same was pending. In such circumstances, the Petition was moved on the ground of urgency before the Vacation Court.
Reasoning
Referring to the mandate of Article 25 of the Constitution, the Bench observed that there are checks and balances which are required to be followed.
The attention of the Court was drawn to an Order dated June 21, 2018 in Adarsh Chowpatty Pragati Mandal and others wherein the Court in paragraph 23 had issued certain interim directions. As per the direction, no deviation of the designated area for a festival was permitted without express permission of the Court. It was further directed therein that the State Government and said Municipal Corporation bring to the notice of the concerned Court in which the proceedings are filed, and the presence of the Monitoring Committee would be necessary for effectively deciding the proceedings.
The Bench found no satisfactory answer being given from the petitioner’s side on specific query with regard to compliance with paragraph 23 of the decision in Adarsh Chowpatty Pragati Mandal (supra), and more particularly, concerning the permission of the Monitoring Committee.
“The Ld. Counsel for the Petitioner would insist us to pass directions with regard to alternate site to perform the event. We express no opinion in this regard. Needless to observe that in this regard, the Petitioner may pursue the remedies as available to him in law”, it stated.
Thus, refusing to pass any further orders, the Bench ordered the matter to be listed on reopening.
Cause Title: Mithila Chhath Puja Sangh v. State Of Maharashtra (Case No.: WRIT PETITION (L) NO. 37429 OF 2026)
Appearance
Petitioner: Advocate Jogendra Thakur
Respondent: Advocates Bibhishan Sutar, Komal Punjabi, Additional Govt Pleader Gauri Sawant